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2021 Supreme(Bom) 1180

R.D.DHANUKA, R.I.CHAGLA
Sandip – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Vilas S Panpatte, Advocate, N.C. Walimbe, Advocate, Vaibhav Sugdhare, Advocate

JUDGMENT

R.I. Chagla, J. - Rule. Rule is made returnable forthwith.

2. The learned Counsel and learned AGP appearing for the parties have agreed that an identical issue arises in both these Petitions and that the outcome of the Writ Petition No. 168 of 2021 will apply to Writ Petition No. 169 of 2021. Statement is accepted. By consent of parties, these Petitions are heard together fnally.

3. Petitioners in these two Petitions have sought directions against the respective Respondent No. 2-Education Officer (Secondary), Zilla Parishad to grant approval to the transfer of the Petitioners as Assistant Teachers on 100% aided division in the Respondent No. 4-School in the regular pay-scales from the respective dates of their transfers by modifying the approval orders and releasing the arrears of salary of the Petitioners.

4. For the sake of convenience, the facts in Writ Petition No. 168 of 2021 are being adverted to.

5. The Petitioner initially came to be appointed as Assistant Teacher on unaided division in the Respondent No. 4- School on 2nd November 2012.

6. The appointment of the Petitioner was made on a clear vacant and sanctioned post from open category. The Petitioner from the date of

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