Ananda Gundi Dange And ANR. v. The State Of Maharashtra Through The Secretary, School Education Department And ANR.
38.3834.21-wp.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3834 OF 2021 Digitally signed by BASAVRAJ GURAPPA PATIL Date:
2022.03.05 11:16:06 +0530 BASAVRAJ GURAPPA PATIL Ananda Gundi Dange & Anr.
..... Petitioners Vs.
State of Maharashtra & Ors.
..... Respondents Mr. N. V. Bandiwadekar with Mr. Vinayak Kumbhar I/b. Mr. A. N. Bandiwadekar for the Petitioners Mr. N. C. Walimbe, AGP for the Respondent State Ms. Deepali Y. Deherkar for Respondent Nos.3 and 4
CORAM:
S.B.SHUKRE & G.A.SANAP, JJ.
DATED :
MARCH 2, 2022 P.C.
Rule.
Rule is made returnable forthwith by consent of the parties.
Heard learned Counsel for the Petitioners, learned Counsel for the Respondents and learned AGP for the State. Perused the Affidavit-in-Reply.
The facts established on record show that though the appointment of Petitioner No.1 to aided post after his transfer from unaided post was approved by Respondent No.2, the direction was given for payment of salary to Petitioner No.1 from out of grant in aids on a staggered basis Patil 1/2
38.3834.21-wp.docx by relying upon sub clause (5) (b) of clause 3 of Government Resolution dated 28th June 2016. However, the provision made in sub-clause applies only where Government sanctions new posts and new appointments are made on the basis of such sanction in aided school and that those provisions do not have any application to grant of approval to the Assistant Teacher who has been appointed to aided post on his transfer from unaided post. This view is taken in Pramod Prabhakar Pokale Vs. State of Maharashtra and Ors. 2019(4) Mh.L.J. 278 which has been followed in several other judgments including one rendered in Dr. Vijay Jayram Ghodvinde & Anr. Vs. The State of Maharashtra & Anr. in Writ Petition (ST) No.5518 of 2020.
The Petition is allowed in terms of prayer clause (b). It is further directed that the name of the Petitioner shall be included in Shalarth system and salary arrears shall be paid to him immediately thereafter, in accordance with law. Rule accordingly.
(G.A.SANAP, J.) (S.B.SHUKRE, J.) Patil 2/2