NAMDEV TUKARAM PATIL Vs. STATE OF MAHARASHTA

JUDGEMENT

(1.) Rule. Learned A.G.P. waives service for the Respondents.

(2.) A perusal of the Roznama indicates that the learned A.G.P. had sought adjournment on 02.02.2021 which was granted by this Court. The matter was accordingly adjourned to 16.02.2021. The matter therefore, appeared before this Court on 22.07.2021 when the learned A.G.P. sought time to make a statement before this Court as to whether the judgment in case of the Writ Petition No.8643 of 2019 filed by Rajaram S. Mandale and another vs. State of Maharashtra and another annexed at pages 51 to 54 of the Writ Petition, applies to the facts of this case. Learned A.G.P. states that the said judgment has no application to the facts of this case. He seeks adjournment for filing affidavit-in-reply. The application for adjournment is rejected. The Respondents have not filed any reply though sufficient opportunities have been granted by this Court since February 2021 till date.

(3.) By this Petition filed under Article 226 of the Constitution of India, the Petitioner has impugned the order dated 31.12.2017 thereby refusing to grant approval to the transfer of the Petitioner No.1 as a Peon (non-teaching employee) from un-aided School to aided School of Petitioner No.2 -Management and seeks approval to the said transfer w.e.f. 15.06.2016 and for an order to release the grant-in-aid for payment of monthly salary.