Quashed

Shashikant Ratnu Kinjalkar v. the State of Maharashtra and Ors.

Bombay HC12 Jul 2022WP/3284/2021

Case brief

AI extract

What is this about?

This judgment quashes approval letters designating petitioners as 'Shikshan Sevak' upon transfer from unaided to aided posts. The Court directed that those with three or more years of unaided service must be approved directly as Assistant Teachers on 100% grant-in-aid posts.

What did the court decide?

Impugned order designating petitioners as 'Shikshan Sevak' is quashed; education officer to direct approvals reflecting prior service.

Shashikant Ratnu Kinjalkar Vs the State of… — Pension and Retirement Benefits | Bombay HC (2022)

¶1

2.WPNo.32842021.doc

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

¶3

CIVIL APPELLATE JURISDICTION

¶4

WRIT PETITION NO. 3284 OF 2021

¶5

Shashikant Ratnu Kinjalkar … Petitioner Versus The State of Maharashtra & Ors. … Respondents

¶6

WITH WRIT PETITION NO. 5307 OF 2021

¶7

Prabhat Pandharinath Mestri … Petitioner Versus The State of Maharashtra & Ors. … Respondents

¶8

WITH WRIT PETITION NO. 5306 OF 2021 Swapnil Arun Kamble … Petitioner Versus The State of Maharashtra & Ors. … Respondents

¶9

WITH WRIT PETITION NO. 3294 OF 2021 Amol Dattatray Patil … Petitioner Versus The State of Maharashtra & Ors. … Respondents

¶10

Mr. N. V. Bandiwadekar i/b. Mrs. Ashwini Bandiwadekar, Advocate for the Petitioners.

¶11

Mr. P. N. Diwan, AGP for the Respondents/State.

¶12

CORAM: S.V. GANGAPURWALA & S. M. MODAK, JJ.

¶13

DATED : JULY 12, 2022

1/3

Gaikwad RD

2.WPNo.32842021.doc

P.C.

We have heard learned Counsel for the petitioners and the learned AGP.

¶19

In all these matters, the proposal seeking approval to the transfer of the petitioners from unaided post to aided post is approved, however, as “Shikshan Sevak” from the date of transfer.

¶20

The prima dona contention is that the services rendered on the unaided post has not been considered.

¶21

Approval, it appears, is given relying upon the Circular dated 28^th June 2016. 5. This Court in Writ Petition No. 1493 of 2018 with connected writ petitions under order dated 4^th July 2019 has held that some of the clauses of the Circular dated 28^th June 2016 are erroneous and cannot be relied upon. The services rendered on the unaided post are required to be considered.

¶22

If the employee has rendered three years or more service on unaided post as Assistant Teacher and is transferred to the aided post, then the approval has to be on 100% grant-in-aid post as an Assistant Teacher.

¶23

In case the candidate has only completed two years service on the unaided post and is transferred to the 100% grant-in-aid post, then for a period of one year he will have to be approved as Shikshan Sevak and thereafter, as an Assistant Teacher. In present case, the chart giving details of the appointment of the petitioners on the unaided posts, date of transfer and the date of approval to the unaided posts is reproduced herein under :

2/3

Gaikwad RD

2.WPNo.32842021.doc

Sr. No.	W.P.No.	Name of Petitioner	Un-aided Appointme nt	Un-aided Approval	Transfer to 100% Aided	Transfer Approval
1	3284/2021	Shashikant Ratnu Kinjalkar	01.10.2012	25.07.2016	01.08.2016	11.01.2017
2	5307/2021	Prabhat Pandharinat h Mestri	12.08.2013	18.01.2014	01.08.2016	09.12.2016
3	5306/2021	Swapnil Arun Kamble	30.06.2013	12.06.2014	06.02.2017	14.03.2017
4	3294/2021	Amol Dattatraya Patil	14.03.2013	27.03.2015	15.12.2017	29.12.2017

¶28

It transpires that except the petitioner in Writ Petition No.5307 of 2021, all the petitioners have completed three years or more service on the unaided post. If they are transferred on 100% grant-in-aid post, then they are to be approved as an Assistant Teacher on 100% grant-in-aid post. The petitioner in Writ Petition No. 5307 of 2021 if he is transferred to 100% grant-in-aid post, then for a period of 11 days he will have to be approved as Shikshan Sevak and thereafter as an Assistant Teacher.

¶29

The Education Offcer shall confrm the date of the transfer on 100% grant-in-aid post and if it is convinced that the transfer of the petitioners is on 100% grant-in-aid then shall approve them accordingly.

¶30

The impugned order to the extent of approval for the transfer as “Shikshan Sevak” are quashed and set aside. The said exercise be done within four months from today. 11. The writ petitions are accordingly disposed of. No costs.

¶31

3/3

¶32

Gaikwad RD

¶33

Digitally signed by RAJU RAJU DATTATRAYA DATTATRAYA GAIKWAD GAIKWAD Date: 2022.07.14 10:40:55 +0530

Shashikant Ratnu Kinjalkar v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Shashikant Ratnu Kinjalkar v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Kavita W/O. Kedar Deshpande Vs the State of Maharashtra through Prin. Secretary, Edu. and Sports Dept. and Ors.

Dattatray Balaso Tengale Vs the State of Maharashtra through Its Principal Secretary and Ors.

Farukhkhan Ikbal Pathan and Anr. Vs the State of Maharashtra Thr the Secretary School Education Dept. and Anr.

Kakad Chambrs Offices and Business Premises Co. Op Society Ltd. Vs Union of India and 3 Others

Iffco Tokio General Insurance Company Ltd. Vs the State of Maharashtra and 2 Ors.

Naresh Maniram Patil Vs the State of Maharashtra Thr the Secretary School Education Dept and Ors.