2 The present petition has been filed to challenge order dated 08.09.2022 passed by respondent No.5 rejecting to grant approval to the transfer of the petitioner from unaided post of trained graduate teacher to the aided post of primary teacher with further direction to respondent No.5 to accord approval.
3 WP_11061_2022_Jd 3 The facts which are not in dispute are that the petitioner is serving as Assistant Teacher with respondent No.7 school run by respondent No.6 Management. He came to be appointed from 14.06.2010 on unaided post under Chhatrapati High School run by respondent No.6 Management. Approval to his services were granted by the Education Officer (Secondary), Zilla Parishad, Aurangabad by order dated 26.03.2013 and 09.12.2014. Thereafter, he was transferred from unaided post of Chhatrapati High School to the vacant aided post under Assistant Teacher with respondent No.7 primary school by order dated 06.06.2019. Then proposal for approval to the transfer of the petitioner was submitted by respondent No.7 to respondent No.5 which was not decided and thereafter petitioner himself had made representations to respondent No.5. It was not decided. Therefore, petitioner had approached this Court by filing Writ Petition No.3240 of 2022 to decide his proposal for approval. This Court by order dated 07.03.2022 directed respondent No.5 to decide the proposal for approval within stipulated period. Again the petitioner was required to make representation to respondent No.5 on 18.05.2022 and 10.08.2022. However, by order dated 08.06.2022 and by referring Government Resolution dated 01.04.2021 respondent No.5 has rejected the said approval. The petitioner says that his transfer is with his consent and on his application and it is as per the provisions of law and, therefore, it ought to have been accepted.