Dist. Pune v. Dept. Mantralaya, Mumbai & Ors.
Case at a glance
Outcome
Disposed of
In view of aforesaid, the writ petition is disposed of
Key paragraphs
- Para 55. In view of aforesaid, the writ petition is disposed of by permitting the petitioner to make a representation to the respondent Nos.4 and 5 in that regard for grant of approval to her appointment on the aided Section of the respondent No.5-School. The respondent…
Judgment
learned counsel for the parties. Learned Assistant Government Pleader waives notice on behalf of the respondent/State.
The petitioner was appointed as an Assistant Teacher initially on an un-aided Section of the respondent No.5-School in June 2014. Subsequently her services were transferred to the aided Section of the said School. Since her transfer to the aided Section has not yet been approved the petitioner has filed the present writ petition.
The learned counsel for the petitioner submits that transfer from un-aided Section to an aided Section of the same school is permissible and the appointment of the petitioner as been initially approved when she was appointed on an un-aided Section deserves to be continued. Reliance is placed on the judgment of this Court in Writ Petition No.11090/2016 (Swati Bhausaheb Aher vs. The State of Maharashtra and ors. With connected writ petitions.) dated 18/09/2017.
The learned Assistant Government Pleader for the respondent Nos.1 and 2 however submits that the present petitioner has not made a representation seeking grant of approval to her transfer to the aided school. If such representation is made, the same would be considered by the respondent No.2 in accordance with law.
Operative part
In view of aforesaid, the writ petition is disposed of by permitting the petitioner to make a representation to the respondent Nos.4 and 5 in that regard for grant of approval to her appointment on the aided Section of the respondent No.5-School. The respondent Nos.4 and 5 shall if they receive such proposal from the petitioner forward the same to the Competent Authority- respondent No.2 for consideration. The respondent No.2 shall consider such proposal in accordance with law expeditiously. Amongst all relevant aspects, the observations of this Court in Swati Bahusaheb Aher (supra) shall also be kept in mind. The respondent No.2 shall communicate the decision taken to the respondent Nos.4 and 5 accordingly. Rule is made absolutely in aforesaid terms with no order as to costs. (G.A.Sanap, J.) (A. S. Chandurakr, J.) Asmita-PS
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In view of aforesaid, the writ petition is disposed of
Which court decided this case, and when?
Bombay High Court, on 25 Apr 2022. The bench was A S CHANDURKAR, G A SANAP.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.