Swapnil Arun Kamble v. The State Of Maharashtra And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3284 OF 2021 Shashikant Ratnu Kinjalkar ...
Petitioner
Versus
The State of Maharashtra & Ors.
...
Respondents WITH WRIT PETITION NO. 5307 OF 2021 Prabhat Pandharinath Mestri ...
Petitioner
Versus
The State of Maharashtra & Ors.
...
Respondents WITH WRIT PETITION NO. 5306 OF 2021 Swapnil Arun Kamble ...
Petitioner
Versus
The State of Maharashtra & Ors.
...
Respondents WITH WRIT PETITION NO. 3294 OF 2021 Amol Dattatray Patil ...
Petitioner
Versus
The State of Maharashtra & Ors.
...
Respondents Mr. N. V. Bandiwadekar i/b. Mrs. Ashwini Bandiwadekar, Advocate for the Petitioners.
Mr. P. N. Diwan, AGP for the Respondents/State.
CORAM:
S.V. GANGAPURWALA & S. M. MODAK, JJ.
DATED :
JULY 12, 2022 1/3
P.C.
1.
We have heard learned Counsel for the petitioners and the learned AGP.
2.
In all these matters, the proposal seeking approval to the transfer of the petitioners from unaided post to aided post is approved, however, as "Shikshan Sevak" from the date of transfer.
3.
The prima dona contention is that the services rendered on the unaided post has not been considered. 4.
Approval, it appears, is given relying upon the Circular dated 28th June 2016.
5.
This Court in Writ Petition No. 1493 of 2018 with connected writ petitions under order dated 4th July 2019 has held that some of the clauses of the Circular dated 28th June 2016 are erroneous and cannot be relied upon. The services rendered on the unaided post are required to be considered.
6.
If the employee has rendered three years or more service on unaided post as Assistant Teacher and is transferred to the aided post, then the approval has to be on 100% grant-in-aid post as an Assistant Teacher. 7.
In case the candidate has only completed two years service on the unaided post and is transferred to the 100% grant-in-aid post, then for a period of one year he will have to be approved as Shikshan Sevak and thereafter, as an Assistant Teacher. In present case, the chart giving details of the appointment of the petitioners on the unaided posts, date of transfer and the date of approval to the unaided posts is reproduced herein under :
2/3
Sr.
No.
W.P.No.
Name of Petitioner Un-aided Appointme nt Un-aided Approval Transfer to 100% Aided Transfer Approval 3284/2021 Shashikant Ratnu Kinjalkar 01.10.2012 25.07.2016 01.08.2016 11.01.2017 5307/2021 Prabhat Pandharinat h Mestri 12.08.2013 18.01.2014 01.08.2016 09.12.2016 5306/2021 Swapnil Arun Kamble 30.06.2013 12.06.2014 06.02.2017 14.03.2017 3294/2021 Amol Dattatraya Patil 14.03.2013 27.03.2015 15.12.2017 29.12.2017 8.
It transpires that except the petitioner in Writ Petition No.5307 of 2021, all the petitioners have completed three years or more service on the unaided post. If they are transferred on 100% grant-in-aid post, then they are to be approved as an Assistant Teacher on 100% grant-in-aid post. The petitioner in Writ Petition No. 5307 of 2021 if he is transferred to 100% grant-in-aid post, then for a period of 11 days he will have to be approved as Shikshan Sevak and thereafter as an Assistant Teacher.
9.
The Education Offcer shall confrm the date of the transfer on 100% grant-in-aid post and if it is convinced that the transfer of the petitioners is on 100% grant-in-aid then shall approve them accordingly.
10.
The impugned order to the extent of approval for the transfer as "Shikshan Sevak" are quashed and set aside. The said exercise be done within four months from today. 11.
The writ petitions are accordingly disposed of. No costs.
(S. M. MODAK, J.) (S.V. GANGAPURWALA, J.) 3/3 by RAJU DATTATRAYA GAIKWAD Date:
2022.07.14 10:40:55 +0530 RAJU DATTATRAYA GAIKWAD