The High Court quashed an order rejecting the petitioner's transfer from unaided to aided post, directing the Education Officer to reconsider the proposal based on merit, roster, and qualification within four months.
The impugned order quashed; the Education Officer directed to reconsider the proposal on merits within four months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP No.7405/21
1
IN THE HIGH COURT AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD
1002 WRIT PETITION NO.7405 OF 2021
KOKAT MAHADEV BALBHIM
VERSUS
THE STATE OF MAHARASHTRA AD OTHERS
Advocate for Petitioner : Mr. S.V. Deshmukh
AGP for Respondents 1 & 2 : Mr. S.G. Karlekar
Advocate for Respondent 3 : Mr. R.A. Deshmukh
CORAM : S.V. GANGAPURWALA &
R.N. LADDHA, JJ.
DATED : 18/08/2021.
PER COURT :
.The proposal seeking approval to the transfer of the
petitioner to unaided to aided post is rejected. The said proposal is
basically rejected on the ground that the petitioner is at Sr. No. 3
and there are two persons, senior to the petitioner.
2.The learned counsel for the petitioner submits that the
person at Sr. No. 1 is Someshwar Rohidas Patekar. He is
accommodated on aided post on or about 4th July 2020. The
person at Sr. No. 2 is Asaram Pandurang Pawal. He is also
WP No.7405/21
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accommodated on aided post on 1st February 2021. The petitioner
is at Sr. No. 3. He has been rightly transferred at vacant post. This
aspect has not been considered by the Education Officer.
According to the learned counsel, the said aspect ought to have
been considered.
3.In the light of above, the impugned order is quashed
and set aside. The Education officer shall reconsider the proposal
submitted by the institution seeking approval to transfer of the
petitioner from unaided to aided post on it’s own merits. The same
shall be decided expeditiously preferably within four months. The
Education officer shall consider all aspects of the matter i.e. roster,
qualification and other aspects and the judgment of this Court in
Writ Petition No. 1493/2018 with connected writ petitions dated
4th July 2019.
[ R.N. LADDHA, J. ]
[S.V. GANGAPURWALA, J.]
ssc/
1 issue framed by the court
Whether to allow the petitioner's transfer application from unaided to aided post by quashing the rejection based on seniority.
Colour shows how this judgement treated each authority
Writ Petition No. 1493/2018 with connected writ petitionsReferred¶17
Writ Petition No. 1493/2018 with connected writ petitions dated 4th July 2019
Kokat Mahadev Balbhim
The State of Maharashtra
S.V. Gangapurwala
R.N. Laddha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court