Nutan Balu Patil v. The State Of Maharashtra And Others
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 904 WRIT PETITION NO.146 OF 2020 KRANTI DADA SISODE ..PETITIONER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDETNS WITH 905 WRIT PETITION NO.147 OF 2020 CHETAN BALASAHEB SONAWANE ..PETITIONER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS WITH 906 WRIT PETITION NO.148 OF 2020 RAJENDRA DAGADU CHAUDHARI ..PETITIONER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS WITH 907 WRIT PETITION NO.149 OF 2020 NITIN BHIMRAO PAGARE ..PETITIONER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS WITH 908 WRIT PETITION NO.150 OF 2020 AMOL GANESHRAO BHOSALE ..PETITIONER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS
(2) WITH 909 WRIT PETITION NO.151 OF 2020 LALITA VITTHALRAO SHITOLE ..PETITIONER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS WITH 910 WRIT PETITION NO.152 OF 2020 NILESH SURESH WAGH ..PETITIONER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS WITH 911 WRIT PETITION NO.176 OF 2020 VARSHA BAPURAO PATIL ..PETITIONER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS WITH 913 WRIT PETITION NO.206 OF 2020 NUTAN BALU PATIL ..PETITIONER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS ...
Mr. Ramesh I. Wakade, Advocate for the Petitioners in all Writ Petitions.
Mr. S. G. Karlekar, AGP for Respondents-State. ...
CORAM : S. V. GANGAPURWALA & MANGESH S. PATIL, JJ.
DATED : 08th JANUARY, 2020.
(3) PER COURT:- 1.
The transfers of the petitioners from unaided posts to aided posts have been approved by the Education Officer, but the same have been approved as Shikshan Sevaks from the date of transfers on aided posts.
2.
The grievance of Mr. Wakade, the learned counsel for petitioners is that, the services rendered on unaided posts are required to be considered by the Education Officer.
3.
The learned Additional Government Pleader for respondents/State relies on the circular dated 28.06.2016 to contend that, approvals can only be granted as Shikshan Sevaks from the date of transfers on aided posts.
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 post, then the approvals have to be granted considering the services rendered on unaided posts.
(4) 5.
In the present cases, the petitioners are transferred on rendering one year service on unaided posts. Naturally, they will have to complete three years and while computing the three years as Shikshan Sevaks, service rendered on unaided posts will also have to be computed.
6.
In the result, the impugned orders granting approvals to the petitioners as Shikshan Sevaks from the date of transfers to the aided posts are quashed and set aside to that extent only. The Education Officer while granting the approvals to the petitioners as Shikshan Sevaks on the aided posts, shall consider the services rendered by the petitioners on unaided posts. To illustrate, if, the petitioners have rendered services on unaided post for two years and are transferred to aided posts, their services will be approved as Shikshan Sevak for one year from the date of transfers and thereafter as a Assistant Teachers. The Education Officer shall consider all these proposals and give approvals as directed above.
7.
In view of the above, the writ petitions are partly allowed in above terms. No costs.
(MANGESH S. PATIL) (S. V. GANGAPURWALA) JUDGE JUDGE Devendra/January-2020