Ashwini Pradip Mane (Aswini Rajaram Pacharane) v. The State Of Maharashtra And ORS

9.WPNo.76502022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7650 OF 2022 Ashwini Pradip Mane ...

Petitioner

Versus

The State of Maharashtra & Ors.

...

Respondents Ms. Pranita Hingmire, Advocate for the Petitioner. Mrs. P. N. Diwan, AGP for the Respondents/State.

CORAM:

S.V. GANGAPURWALA & S. M. MODAK, JJ.

DATED :

JULY 4, 2022 P.C.

1.

The petitioner claims to be appointed in the year 2001. His appointment on the unaided post was approved and subsequently petitioner claims to have been transferred to the aided post on 01/01/2020. The learned Counsel for the petitioner submits that petitioner is transferred to the aided post of 100% grant-in-aid. Relying upon the Government Resolution dated 28/06/2016, the approval is granted in phase-wise grant-in-aid.

2.

The learned AGP waives notice for the respondent Nos.1 and 2.

3.

It appears that factual matrix as narrated by the petitioner is not disputed.

4.

The petitioner is appointed on unaided post in the year 2001 and after rendering service for almost twenty years is transferred to the aided post on or about 1st January 2020. Gaikwad RD 1/2

9.WPNo.76502022.doc The Division Bench of this Court at Aurangabad under its judgment dated 4th July 2019 in Writ Petition No. 1493 of 2018 and connected writ petitions has held that some of the clauses of Circular dated 28/06/2016 are erroneous and would not be operated.

5.

It has been held that if the Assistant Teacher has rendered service of three years or more prior to the transfer on the aided post, his service shall be considered on the aided post on 100% grant in aid and the proposal has to be approved on 100% grant in aid post from the date of transfer. In the present matter, the petitioner has worked for twenty years on the unaided posts.

6.

In light of that, the impugned order to the extent it states approval is subject to the Government Resolution dated 28/06/2016 is quashed and set aside.

7.

The Education Offcer shall reconsider the proposal and if he is convinced that the transfer of the petitioner from unaided post to aided post is on 100% grant-in-aid, then approval to the appointment on the 100% grant-in-aid post be granted from the date of approval i.e. 01/01/2020. The said exercise be done expeditiously preferably within four weeks.

8.

The writ petition is disposed of. No costs.

(S. M. MODAK, J.) (S.V. GANGAPURWALA, J.) by RAJU DATTATRAYA GAIKWAD Date:

2022.07.07 12:33:06 +0530 RAJU DATTATRAYA GAIKWAD Gaikwad RD 2/2