Shrikant Babasaheb Shingare v. The State Of Maharashtra Through Its Secretary

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 82 WRIT PETITION NO.1379 OF 2023 SHRIKANT BABASAHEB SHINGARE

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY .....

Advocate for Petitioner : Dr. R.J. Godbole AGP for Respondents: Mr. S.G. Karlekar Advocate for respondent Nos. 4 and 5: Mr. Joslyn Menezes .....

CORAM : RAVINDRA V. GHUGE AND SANJAY A. DESHMUKH, JJ.

DATED : 7th FEBRUARY, 2023.

PER COURT :- 1.

We have heard the submissions of the learned advocates for the petitioner, for the management and the learned A.G.P. 2.

It is stated that there are around 92 teaching posts available in the Beed Zilla Parishad. The case of the petitioner can be considered in view of the said vacancies for transfer from unaided division to the aided division, in terms of the Government Resolution dated 01.04.2021.

3.

Since the petitioner has not made a representation, since the fact of 92 posts being vacant, was brought to his notice by a communication from the Superintendent, Pay and P.F. Unit, (Secondary Education), District Beed, that we permit the petitioner to make a representation to respondent No.3, praying for transfer from

wp1379.23 -2unaided school to the aided school. If the petitioner makes such an application, respondent No.3 would consider the same, strictly in accordance with the Rules, polices and the law applicable. Let such decision be arrived at, on or before 15.04.2023. 4.

Needless to state, the impugned order dated 13.10.2022 would not be an impediment, since there are 92 posts which are vacant. 5.

With the above directions, this writ petition is disposed off. (SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE , J.) rlj/