1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3631 OF 2009 WITH CIVIL APPLICATION NO. 143 OF 2010 Shri Rangadasswami Shikshan Vikas Mandal ..Petitioner versus The Education Officer (Secondary), Zilla Parishad, Pune & Ors. ..Respondents Ms. Kumud Bhatia for Petitioner. Mrs. M. P. Thakur – AGP for Respondents - State. Mr. Gondale – Under Secretary, Social Justice & Special Legal Assistance Department, Mantralaya, present. Mr. Arun C. Kolhe, Special District Social Welfare Officer, Pune, present. CORAM : D. D. SINHA & A. A. SAYED , JJ. DATED : JANUARY 27, 2010. P.C. : 1. Heard learned counsel for the petitioner and the learned AGP for the State. 2. The writ petition is directed against the impugned communication dated 19th December 2008 issued by the State of Maharashtra whereby the proposal for grant of approval to the transfer of employees submitted by the 2 petitioner – management came to be rejected by the respondents. The learned counsel for the petitioner has submitted that the issue involved in the writ petition is no more res integra and is concluded by the decision of the Full Bench of this Court in the matter of Suryakant Sheshrao Panchal vs. Vasantrao Naik Vimukta Jati Bhatakya Jamati Aadarsh Prasarak Mandal & Ors., reported in 2002 (5) Bom. C.R. Page 95, and therefore submitted that the impugned communication in view of the law declared by the Full Bench cannot be sustained in law. 3. The Assistant Government Pleader, on instructions, has submitted that there is another Division Bench interim order dated 1st December, 2009 rendered in writ petition No. 1308 of 2009 [Eklavya Magas Seva Samittee, Latur vs. The State of Maharashtra & Ors.] by the Aurangabad Bench of the Bombay High Court, however it is submitted by the learned Assistant Government Pleader that the issue of grant of approval to the transfer of the employee shall be reconsidered by the Education Officer afresh in the light of the decision of the Full Bench as well as in accordance with law within a period of fifteen days from today, if permitted by this Court. The learned Assistant Government Pleader further states that so far as salary of the following teachers is concerned, the same shall be paid by March 2010 : (i) Jagtap Bapu Shreerang (ii) Saswade Sandeep Ganpat 3 (iii) Aher Bhau Raghu (iv) Ghadge Vasant Nathu (v) Tamboli Shaikhmehboob Noormohamed (vi) Maskare Santosh Chandrakant; and (vii) Phasale Sanjay Beeru 4. In the back-drop of the above referred facts if the Education Officer is ready and willing to reconsider the issue afresh, we permit the Education Officer to reconsider the issue afresh in the light of the law declared by the Full Bench on the subject within a period of fifteen days from today and take a decision in respect of grant of approval as well as arrears of salary due and payable to the above mentioned teachers. With these observations writ petition is disposed of accordingly. In view of the disposal of the writ petition, Civil Application also stands disposed of sd/- (D. D. SINHA, J.) sd/- ( A. A. SAYED, J.)