Bombay High Court
Rameshwar Gangadhar Bhange vs The State Of Maharashtra And Others on 2 April, 2025
Author: R.G.Avachat
Bench: R.G.Avachat
2025:BHC-AUG:10258-DB
4-wp1387.2022.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.1387 OF 2022
Rameshwar s/o. Gangadhar Bhange,
Age : 29 years, Occ. Service,
r/o. Wadhvana (Bk), Tq. Udgir,
Dist.Latur. ..Petitioner
Vs.
The State of Maharashtra,
Through the Secretary,
School Education and Sports Department,
Maharashtra State, Mantralaya, Mumbai
and ors. ..Respondents
----
Mr.V.D.Gunale, Advocate for petitioner
Mr.P.S.Patil, AGP for respondent no.1
Mr.U.B.Bondar, Advocate for respondent no,2
Mr.S.B.Munde, Advocate for respondent nos.3 and 4
----
CORAM : R.G.AVACHAT AND
SANDIPKUMAR C. MORE, JJ.
DATE : APRIL 02, 2025
ORAL JUDGMENT (PER R.G.AVACHAT, J.) :-
Heard learned counsel for the parties. Rule. Rule made returnable forthwith.
2. The petition is mainly filed for the following main prayers:-
(C) By writ of certiorari or any other appropriate writ, order or directions, the 2 4-wp1387.2022 impugned order dated 07.12.2021 passed by the Education Officer (Primary), Zilla Parishad, Latur, thereby, refusing to grant as approval to the transfer of the petitioner from non aided post to aided post be quashed and/or set aside and for that purpose, necessary orders be passed.
(D) By writ of mandamus or any other appropriate writ, order or directions, respondent no.2 be directed to grant approval to the transfer of the petitioner dated 15.06.2020 from unaided post to aided post as per the proposal submitted by the respondent no.4 dated 09.11.2021 and for that purpose necessary orders be passed.
3. The petitioner was appointed on 15.06.2012 as Shikshan Sevak. Permanent approval to his appointment was granted vide communication dated 19.06.2014. After having worked for little over eight years on an unaided post, respondent no.3 - Management transferred him on an aided one on 15.06.2020. A proposal for approval to the petitioner's transfer was submitted to respondent no.2 - Education Officer. On 07.12.2021, it was turned down relying upon the Government Resolution dated 01.04.2021 and as there were 116 surplus teachers.
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4. Learned counsel for the petitioner submitted that prior to the issuance of the said Government Resolution, the petitioner was transferred and therefore, there was no question of the respondent- Management obtaining prior permission for petitioner's transfer from unaided post to aided post.
5. Learned counsel for the respondent - Zilla Parishad relied on Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Act, 1977 ("M.E.P.S. Act", for short) and particularly, proviso thereto.
6. Admittedly, the petitioner, after having served for little over 8 years on an unaided post, was transferred to an aided post by the Management. His transfer was dated 15.06.2012, i.e. about a year before the Government Resolution was issued. In our view, therefore, the said Government Resolution has no application to the transfers effected prior to the date thereof. Reliance on the proviso to Section 5 of the M.E.P.S. Act, is not applicable in the given case, since it speaks of filling up a post by promotion and not transfer. Respondent no.2 - Education Officer has not given any other reason for not granting approval to the petitioner's transfer. As such, the order impugned herein is liable to be set aside.
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7. In the result, the petition succeeds and the same is allowed in terms of prayer clauses (C) and (D). Rule is made absolute accordingly.
[SANDIPKUMAR C. MORE, J.] [R.G. AVACHAT, J.] KBP