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2021 Supreme(Bom) 462

S.C.GUPTE, SURENDRA P.TAVADE
Sandhya D/o. Balkrushna Teli – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioners: Vilas S. Panpatte.
For the Respondent: V.M. Mali, AGP.

JUDGMENT :

SURENDRA P. TAVADE, J.

Rule.

2. Rule made returnable forthwith by consent of both counsel. The petition is heard finally.

3. The petitioners seek direction against respondent No.2-Education Officer (Secondary) Zilla Parishad to grant approval to appoint all petitioners on aided post of Assistant Teacher from their respective dates i.e. 15-6-2018, 15-6-2018, 1-10-2016, 15-6-2018 and 13-8-2018 on 100% grant-in-aid in respondent Nos. 4 and 5 Schools instead of Shikshan Sevak on 20% grant-in-aid. They also seek directions to release their arrears of salary.

4. Petitioners were initially appointed as Assistant Teachers on 1-2-2013 on unaided division of respondent Nos. 4 and 5 by following due procedure and against clear and vacant sanctioned posts. The appointments of petitioners were approved by respondent No. 2 by an order dated 14-8-2013 respectively. It is contended that five posts of Assistant Teacher on 100% aided basis in the establishment of respondent No. 4 had became vacant on account of retirement or superannuation of earlier permanent teachers working on the said posts. On considering the seniority of petitioners on unaided posts, respondent No. 3 transferred petition

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