Sheetal Jawahar Patil v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 960 WRIT PETITION NO.14197 OF 2021 SHEETAL JAWAHAR PATIL

VERSUS

THE STATE OF MAHARASHTRA & OTHERS ...

Advocate for the petitioner : Mr.R.I.Wakade AGP for Respondent-State : Mr.K.N.Lokhande ...

CORAM : S.V.GANGAPURWALA & S.G.DIGE, JJ.

DATE : 16.12.2021 P.C. :

1] The transfer of the petitioner from unaided post to aided post has been approved by the Deputy Director of Education / Education Officer (Secondary), but the same has been approved as Shikshan Sevak from the date of transfer on aided post.

2] The grievance of Mr.Wakade, the learned counsel for petitioner is that the services rendered on unaided post is required to be considered by the Deputy Director of Education / Education Officer (Secondary). 3] The learned Additional Government Pleader for respondents - State relies on the Circular dated 28.06.2016

to contend that approval can only be granted as Shikshan Sevak from the date of transfer on aided post. 4] Said issue is no longer res-integra in view of the judgment of this Court in Writ Petition No.1493 of 2018 with other connected writ petitions decided under order dated 04th July, 2019. It has been considered by us that the services rendered on unaided posts will have to be considered while granting approval. If the petitioners have rendered services on unaided posts before their transfers on aided posts, then the approvals have to be granted considering the services rendered on unaided posts. 5] In the present cases, the petitioner is transferred on rendering service on unaided post for less than 5 years.

6] In the result, the impugned order granting approval to the petitioner as Shikshan Sevak from the date of transfer to the aided post is quashed and set aside to that extent only. The Deputy Director of Education / Education Officer (Secondary) while granting the approval to the petitioner as Shikshan Sevak on the aided post, shall consider the services rendered by the petitioner on unaided post.

Teacher. The Deputy Director of Education / Education Officer (Secondary) shall consider all the proposal and give approval as directed above.

7] In view of the above, the writ petition is partly allowed in above terms. No costs.

[S.G.DIGE, J.] [S.V.GANGAPURWALA, J.] DDC