Avinash Vitthal Kamble vs the State of Maharashtra through Its Secretary and Others — Bombay HC (2026) — LawSathi Research

Avinash Vitthal Kamble vs the State of Maharashtra through Its Secretary and Others — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Respondent No. 2 - Deputy Director of Education, Latur Region, Latur directed to forward the proposal dated 11.10.2025 (submitted on 16.10.2025) to the Commissioner of Education, Maharashtra State, Pune within fifteen days if not already forwarded; the concerned authority directed to decide the proposal within one month upon receipt; no final approval of transfer or release of salary/arrears granted by this Court.

Issue for consideration

Whether respondent No. 2 should be directed to grant approval to the petitioner's transfer dated 09.10.2025 (w.e.f. 10.10.2025) from a partially aided post to a fully aided post, per the proposal submitted by respondent No. 4 dated 11.10.2025, and release his regular monthly salary including arrears. +1 more

Court's answer

While disposing of the writ petition, the concerned authority is directed to decide the proposal (recorded in the operative paragraph as dated 09.09.2025) within one month upon receipt of the same.

Ratio / Principle

In view of the Government Resolution dated 13.11.2025, respondent No. 2 - Deputy Director of Education, Latur Region, Latur shall forward the proposal dated 11.10.2025 (submitted on 16.10.2025) to the Commissioner of Education, Maharashtra State, Pune within fifteen days from the date of the order, if not already forwarded.

Key takeaways

The Commissioner of Education, Maharashtra State, Pune is not an authority (apparently: not a party) to the proceeding; the text as printed reads 'is not authority to the proceeding'.¶17

Detailed headnote1 paragraphs

Education service - approval of transfer from partially aided post to fully aided post - proposal dated 11.10.2025 (submitted 16.10.2025) pending with Deputy Director of Education, Latur Region - queries raised by letter dated 02.12.2025 complied with and communicated by letter dated 01.01.2026 - by Government Resolution dated 13.11.2025, such proposals are required to be decided by the Commissioner of Education, Maharashtra State, Pune - respondent No. 2 directed to forward the proposal to the Commissioner within fifteen days if not already forwarded - concerned authority directed to decide the proposal within one month upon receipt - writ petition disposed of; no mandamus for approval or salary arrears issued.

2026:BHC-AUG:15134-DB

919-WP-2749-26.odt

{1}

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

919 WRIT PETITION NO. 2749 OF 2026

Avinash Vitthal Kamble VERSUS

The State Of Maharashtra Through Its Secretary And Others

Mr. Suresh G. Rudrawar, Advocate for the Petitioner Mr. S.B. Narwade, AGP for Respondents-State

CORAM : SMT. VIBHA KANKANWADI AND HITEN S. VENEGAVKAR, JJ. DATE : 08 APRIL, 2026

PER COURT :-

The present petitions have been filed for following relief:

“C] By issuing writ of Mandamus or any other appropriate writ, order or direction in the like nature, the respondent no.2 be directed to grant an approval to the transfer of the petitioner dated 09.10.2025 w.e.f. 10.10.2025 from partially aided post to fully aided post as per the proposal submitted by the respondent no.4 dated 11.10.2025 and release his regular monthly salary including the arrears and for that purpose necessary orders be passed.”

The learned advocate for the petitioner submits that the proposal, along with the letter dated 11.10.2025, is still pending before the concerned authority; therefore, the authority be directed to decide the same. The learned advocate for the petitioner submits that, in view of the letter dated 02.12.2025 received from respondent No. 2 – the Deputy Director of Education, Latur Region, Latur, all queries have been has been complied with and the same has been communicated to the authority by letter dated 01.01.2026.

919-WP-2749-26.odt

Learned AGP waives service of notice for respondents No. 1 and 2, and submits that such proposals are now required to be decided by the Commissioner of Education, Maharashtra State, Pune, in view of Government Resolution dated 13.11.2025.

In view of the Government Resolution dated 13.11.2025, respondent No. 2 - Deputy Director of Education, Latur Region, Latur shall forward the proposal dated 11.10.2025 submitted on 16.10.2025 to the Commissioner of Education, Maharashtra State, Pune within a period of fifteen (15) days from today, if it is not already forwarded.

The Commissioner of Education, Maharashtra State, Pune is not authority to the proceeding; however, while disposing of this writ petition, we direct the concerned authority to decide the said proposal dated 09.09.2025 within a period of one (01) month, upon receipt of the same.

[ HITEN S. VENEGAVKAR ] [ SMT. VIBHA KANKANWADI ] JUDGE JUDGE

S P Rane