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Judgment
M.S. Jawalkar, J
Rule. Rule made returnable forthwith. Heard finally by consent of respective parties.
The transfer of the petitioner from unaided Post to aided post pursuant to the order of transfer dated 15/10/2022 has not been approved by the Education Officer (Secondary) on 13/09/2023 on the ground that the provisions of Rule 41A of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 had been stayed by the Circular dated 01/12/2022. This issue is no more res integra in view of the decision in Writ Petition No.8215 of 2022 and connected Writ Petitions which were decided on 21/07/2023 by the Nagpur Bench of this Court. Hence for the reasons assigned in the said judgment, the following order is passed:-
ORDER
i) The order dated 13/09/2023 passed by the Education Officer (Secondary), Zilla Parishad, Chandrpur is set aside;
ii) The Education Officer (Secondary) shall re-consider the proposal dated 15/10/2022 seeking such approval and decide the same within a period of four weeks on its own merits after giving an opportunity to the parties. The decision taken be communicated to the parties.
iii) Needless to state that in case the petitioner’s transfer is approved, petitioner is entitled for consequential benefits.
Rule is made absolute in above terms. No order as to costs.