Sachin Limbraj Chavan v. The State Of Maharashtra And Others
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO.11859 OF 2021 UJWALA TRIMBAKRAO GORE ..PETITIONER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS AND WRIT PETITION NO.11895 OF 2021 SACHIN LIMBRAJ CHAVAN ..PETITIONER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS AND WRIT PETITION NO.11921 OF 2021 VISHWAJEET SATISH BIRAJDAR ..PETITIONER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS ...
Mr. Santosh S. Jadhavar, Advocate for the Petitioners.
Mr. P. K. Lakhotiya, AGP for Respondents-State. ...
CORAM : S. V. GANGAPURWALA & R. N. LADDHA, JJ.
DATED : 26th OCTOBER, 2021.
PER COURT:- 1.
In all these matters approvals are granted to the transfers of petitioners from unaided to aided posts as Shikshan Sevaks.
(2) 2.
The learned counsel for petitioners submits that, services rendered by petitioners prior to the transfers on unaided posts are not considered.
3.
We have heard learned A.G.P. for all respondents.
4.
The appointments of petitioners on unaided posts, the date of approval to the appointments on unaided posts and the date of transfers to the aided posts are detailed in the chart hereunder: Sr.
No.
Writ Petit ion No.
Name of the Petitioner Date of Appointmen t as Assistant Teacher on unaided post Date of Approval on probation Date of permanent approval Date of transfer to aided post Date of impugned order
01. 11859 /2021 Ujwala Trimbakrao Gore 17/09/2013 16/08/2014 16/10/2015 30/06/2017 03/11/2018
02. 11895 /2021 Sachin Limbraj Chavan 15/06/2014 31/10/2015 20/08/2016 12/01/2020 11/06/2020
03. 11921 /2021 Vishwajeet Satish Birajdar 17/09/2013 16/08/2014 16/10/2015 31/03/2017 03/11/2018 5.
It would appear that, all these petitioners have worked for about 4 to 5 years on unaided posts prior to their transfers on aided posts. Their transfers to the aided posts are also prior to the amendment to Section 41-A of the The Maharashtra Employees of Private Schools (Conditions of Service) Regularion Act.
(3) 6.
The approvals are granted as Shikshan Sevaks basically relying upon the Circular dated 28.06.2016. This Court in the judgment and order dated 14.07.2019 in Writ Petition No.1493 of 2018 with other connected writ petitions observed that some of the Clauses of Circular dated 28.06.2016 are erroneous.
7.
It has been observed that, if the employees have worked for more than three years on unaided posts and are transferred on 100% grant-inaid posts, then their approvals ought to be on 100% grant-in-aid posts.
8.
In light of the above, impugned orders to the extent of granting approvals as Shikshan Sevaks from the date of their transfers to the aided posts are quashed and set aside.
9.
The Education Officer/Deputy Director of Education, as the case may be shall verify the transfers of petitioners on 100% grant-in-aid posts and if the authority is satisfied that, the petitioners have been transferred on 100% grant-inaid posts after rendering services for more than three years on unaided posts, then the authority shall grant approvals on 100% grant-in-aid posts from the date of transfers to the aided posts. The said exercise shall be done preferably within a period of four months from today.
(4) 10.
We have passed the aforesaid order, as the authorities have granted approvals to the transfers of petitioners on aided post meaning thereby that, the authorities were convinced about the seniority, roster and the qualification of petitioners.
11.
Writ Petitions are disposed of. No costs.
(R. N. LADDHA) (S. V. GANGAPURWALA) JUDGE JUDGE Devendra/October-2021