Deepak Pandurang Babar v. The State Maharashtra Through Its Secretary School Education And Sports Dept And ORS

1 906-15771-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.15771 OF 2023 Shri. Deepak Pandurang Babar Age:47 Years, Occupation: Service, R/o. A/P. Bastavade, Taluka : Kagal, District: Kolhapur

...Petitioner

Digitally signed by ASHVINI BAPPASAHEB KAKDE Date:

2024.01.19 17:14:10 +0530 ASHVINI BAPPASAHEB KAKDE

Versus

1.

The State of Maharashtra Through the Secretary, School Education and Sports Department, Mantralaya, Mumbai-400 032 2.

The Commissioner of Educational School Education Department, Maharashtra State, Pune 3.

The Director of Education, (Secondary and Higher Secondary), Maharashtra State, Pune-1.

4.

The Deputy Director of Education, Kolhapur Region, Kolhapur, Having Office at, Hatti Mahal,Ganji Galli, Somwar Peth, Kolhapur.

5.

The Education Officer (Secondary), Zilla Parishad, Kolhapur, Having Office at, Zilla Parishad Building, Nagala Park, Kolhapur 6.

Jai Shivray Education Society, Murgud, Tal: Kaga, Dist: Kolhapur,

2 906-15771-2023.doc Through its President/Secretary.

7.

New English School, Jaragnagar, R. S. No.788, Plot No.46, Layout No.3, Jaragnagar, Kolhapur, Tal. Karvir, Dist. Kolhapur, Through its Head Master

...Respondents

---- Mr. Prashant Bhavake for the Petitioner.

Mr. V. M. Mali, AGP for Respondent-State.

---- CORAM :

A. S. CHANDURKAR & FIRDOSH P. POONIWALLA, JJ.

DATE :

19th DECEMBER 2023 Oral Judgment (Per A. S. Chandurkar J.):- 1.

Rule. Rule made returnable forthwith.

2.

Learned Assistant Government Pleader waives notice for Respondent Nos.1 to 5. Considering the nature of directions proposed to be issued, service on Respondent Nos.6 and 7 is dispensed with. 3.

The proposal seeking approval to the transfer of the Petitioner from an un-aided post of Assistant Teacher to an aided post has been made on 21/08/2023. The said proposal is pending with the Education Officer (Secondary).

4.

In these facts the Writ Petition is disposed of by directing Respondent No.5-Education Officer (Secondary) to consider and decide the said proposal in accordance with law within a period of eight weeks of

3 906-15771-2023.doc receiving a copy of this Order. The proposal shall be decided in accordance with law, after granting an opportunity of hearing to the Petitioner. In case approval is granted, all consequential benefits including grant of Shalarth ID shall be made applicable to the Petitioner.

5.

Rule is disposed of in aforesaid terms.

(FIRDOSH P. POONIWALLA, J.) (A. S. CHANDURKAR, J.)