Varsha Lahurao Solunke And Others v. The State Of Maharashtra And Others
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO. 13657 OF 2021 VARSHA LAHURAO SOLUNKE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ...
Advocate for Petitioners : Mr. N.B. Khandare GP for Respondents: Mr. D.R. Kale ...
CORAM : S. V. GANGAPURWALA AND S. G. DIGE, JJ.
DATE : 8th DECEMBER, 2021 PER COURT :- 1.
Heard Mr. Khandare, learned Counsel for the Petitioners and the learned In-charge Government Pleader for Respondents No. 1 and 2. 2.
The proposals seeking approvals to the transfers of the Petitioners from unaided to aided posts are approved by the Deputy Director of Education, but as Shikshan Sevaks from the date of their transfers to the aided posts.
3.
It is submitted that while passing the impugned orders the services of the Petitioners rendered on unaided posts are not considered. 4.
The Chart showing the date of appointments on unaided posts, the date of approvals to the appointments on unaided posts, the date of transfers to the aided posts are detailed as under -
Date of Approval (as Shikshan Date of Appointment Date of Approval (Unaided) Date of Transfer (Aided post) Sr.
No.
Name Qualification Name of the Name of the College College (Unaided) Sevak) Varsha Lahurao Solunke M.A. B.Ed.
01-07-2016 Deogiri Jr.
College, Aurangabad 14-06-2017 26-09-2017 Deogiri Jr.
College Aurangabad 22-11-2017 Mahesh Ravindra Narwade M.Com. B.Ed.
01-07-2016 Vinayakrao Patil Jr.College Vaijapur 14-10-2016 26-09-2017 Deogiri Jr.
College Aurangabad 22-11-2017 Pandurang Rambhau Solanke M.A. B.Ed.
02-07-2016 New High School Gadana 14-10-2016 26-09-2017 Deogiri Jr.
College Aurangabad 22-11-2017 Dipti Ashokrao Hajare M.Sc. B.Ed.
02-07-2016 Shivchatrapati Jr. College Aurangabad 14-10-2016 20-08-2018 Deogiri Jr.
College Aurangabad 22-11-2018 Vivek Nimbajirao Khanzode M.Sc. B.Ed.
02-07-2016 R.B. Attal Jr.
College Georai 14-10-2016 20-08-2018 Deogiri Jr.
College Aurangabad 17-12-2019 Rajendra Karbhari Aher M.Sc. B.Ed.
02-07-2016 Vinayakrao Patil Jr.College Vaijapur 14-10-2016 25-02-2019 Deogiri Jr.
College Aurangabad 12-11-2020 Rohit Ramesh Patil M.Com. B.Ed.
02-07-2016 Shivchatrapati Jr. College Aurangabad 16-07-2018 04-09-2019 Deogiri Jr.
College Aurangabad 10-11-2020 Janhavi Jayawantrao Jadhav M.Sc. B.Ed.
21-02-2018 Vinayakrao Patil Jr.College Vaijapur 01-08-2018 20-08-2018 Deogiri Jr.
College Aurangabad 11-09-2018 Mahesh Abasaheb Modake M.A. B.Ed.
22-02-2018 Shivchatrapati Jr. College Aurangabad 16-07-2018 09-09-2019 Deogiri Jr.
College Aurangabad 10-11-2020 Amar Ganeshsingh Gour M.A. B.Ed.
06-08-2018 New High School Karmad 18-12-2018 09-09-2019 Deogiri Jr.
College Aurangabad 12-11-2020 Ujjwala Sahebrao Dhanvate M.A. B.Ed.
06-08-2018 New High School Lasur Station 18-12-2018 09-09-2019 Deogiri Jr.
College Aurangabad 19-11-2020 Angad Gangadhar Gavhane M.Com. B.Ed.
06-08-2018 New High School Lasur Station 18-12-2018 09-09-2019 Deogiri Jr.
College Aurangabad 17-12-2020 5.
The approvals are granted as Shikshan Sevaks basically relying upon the Circular dated 28.06.2016. This Court under 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.
6.
If the services of the employees on unaided posts are less then 3 years then, for the remainder period the approval shall be granted as Shikshan Sevaks and upon completion of 3 years from the date of initial appointments on the unaided posts the Petitioners shall be granted approvals as Assistant Teachers.
7.
The aforesaid exercise shall be done preferably, within a period of four (04) months.
8.
We have passed the aforesaid order, as the Authorities have granted approvals to the transfers of the Petitioners on aided posts, meaning thereby, that the Authorities were convinced about the seniority, roster and the qualification of the Petitioners. 9.
Writ Petition accordingly stands disposed of. No costs. ( S. G. DIGE ) ( S.V. GANGAPURWALA ) JUDGE JUDGE mtk