Mrs. Bindu Rajesh Gupta And ANR v. The State Of Maharashtra Thr. Secretary School Education Dept. And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by BASAVRAJ GURAPPA PATIL Date:

2022.07.08 14:18:10 +0530 CIVIL APPELLATE JURISDICTION BASAVRAJ GURAPPA PATIL WRIT PETITION NO.7714 OF 2022 Bindu Rajesh Gupta & Anr.

..... Petitioners Vs.

State of Maharashtra & Ors.

..... Respondents Mr. N. V. Bandiwadekar I/b. Sou. Ashwini Bandiwadekar for the Petitioners Mrs. P.J.Gavhane, AGP for the State

CORAM:

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

DATED :

JULY 6, 2022 P.C.

We have heard the learned Counsel for the Petitioners and the learned AGP for the Respondents.

Petitioner No.1 claims to have been appointed on 15th June 2012. The said appointment is approved by the Education Officer under order dated 21st July 2012. It is submitted that thereafter the Petitioner was transferred to 100% grant-in-aid post w.e.f. 15th August 2015. Same was also approved by the Education Officer under order dated 7th January 2017. The name of the Petitioner was also included in the Shalarth ID under the order of the Dy. Director of Education on 23rd May 2018.

Under the impugned communication, the Dy. Director of Education suggests that the 1/3

transfer of the Petitioner was not in consonance with the circular dated 28th June 2016. The Petitioner was transferred to the aided post prior to Circular dated 28th June 2016. Even otherwise, the Petitioner has worked for a period of three years on the unaided post before his transfer to the 100% grant-in-aid post. Same is also verified by the Dy. Director of Education at the relevant time and the Shalard ID was also issued.

This Court has held, in its judgment dated 4th July 2019 in Writ Petition No.1493 of 2018 with connected Writ Petitions that if a person has worked on unaided post for three years before his transfer to the aided post and thereafter transferred to 100% grantin-aid post, then the approval is required to be granted on 100% grant-in-aid post.

In the present case, the Petitioner has worked for more than three years on unaided post before her transfer to the 100% grantin-aid post. In light of that, the impugned order dated 30th November 2021 is quashed and set aside.

The name of the Petitioner be restored within two months from today and after restoring the name of the Petitioner Shalarth ID be issued to the Petitioner.

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Upon restoration, all further consequences shall follow. The Writ Petition is disposed of. No costs. (S. M. MODAK,J.) (S.V. GANGAPURWALA, J.) 3/3