Mrs. Nilima Amol Kumthekar v. The State Of Maharashtra Through Its The Secretary, School Edu. Dept. And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION BIPIN DHARMENDER PRITHIANI Date: 2022.10.21 19:59:11 +0530 BIPIN DHARMENDER PRITHIANI WRIT PETITION NO. 12459 OF 2022 Mrs. Nilima Amol Kumthekar ...

Petitioner

Versus

The State of Maharashtra & Ors.

...

Respondents ****** Mr. N. V. Bandiwadekar i/by Ms. Ashwini N. Bandiwadekar for the Petitioner.

Mr. V. M. Mali, AGP for the State.

****** CORAM: S. V. GANGAPURWALA & R. N. LADDHA, JJ.

DATE : 20th OCTOBER, 2022 P.C. :- .

Heard learned counsel for the Petitioner and learned AGP for the Respondents.

2.

Rule.

3.

Rule made returnable forthwith. By consent of the parties the writ petition is heard finally.

4.

The contention of the petitioner is that the petitioner was appointed as the Assistant Teacher on the unaided post on 16th June 2014. The Deputy Director of Education granted approval to the unaided appointment of the petitioner under the order dated 6th June 2016. The petitioner was transferred to the aided post on 15th June 2017. The Deputy Director of Education has approved the transfer of the petitioner to aided post but as Shikshan Sevak. The learned counsel for

the petitioner submits that the same is erroneous. 5.

The learned AGP submits that in view of circular dated 28/06/2016 and 24/08/2018, the order has been rightly passed. 6.

We have considered the submissions of learned counsel for the petitioner and learned AGP for the Respondent-State. 7.

The factual matrix does not appear to be disputed. The Petitioner is appointed on the unaided post on 16th June 2014 and after rendering services for three years was transferred on the aided post on 15th June 2017. This Court in the judgment and order dated 4th July 2019 passed 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. It has been held that if the candidate has worked for more than three years on the unaided post and transferred to 100% grant-in-aid post then approval is to be granted on 100% grant-in-aid. Of course the transfer being prior to the amendment of June 2020 to Rule 41A of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 (hereinafter referred to as, "MEPS Rules"). 8.

In the present case the petitioner is transferred prior to the amendment of Rule 41A of the MEPS Rules. The said amendment came into force on 8th June 2020.

9.

In the result, we pass the following order :

(i) The impugned order to the extent of granting approval to the Petitioner's transfer as Shikshan Sevak is quashed and set aside.

(ii) The Respondent - Deputy Director of Education shall reconsider the transfer of petitioner to 100% grant-in-aid and if the Education Officer comes to the conclusion that the post on which the petitioner is transferred is 100% grant-in-aid then shall grant approval to transfer of the petitioner to the aided posts as Assistant Teacher on 100% grant-in-aid from the date of transfer. The said exercise shall be carried out expeditiously and preferably within four months. Depending upon the order passed, the consequence shall follow.

10.

Rule is accordingly made absolute.

11.

The writ petition is disposed of. No costs.

[R. N. LADDHA, J.] [S. V. GANGAPURWALA, J.]