Shri. Amit Vijay Patil v. Koyana Education Society, Patan And ORS
Urmila Ingale
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION by URMILA PRAMOD INGALE Date:
2022.08.05 13:08:03 +0530 URMILA PRAMOD INGALE WRIT PETITION NO. 9147 OF 2022 Shri Amit Vijay Patil .. Petitioner vs.
The State of Maharashtra and ors.
.. Respondents WITH WRIT PETITION NO. 9492 OF 2022 (Not on board) Shri Gajanan Shankar Patil .. Petitioner vs.
The State of Maharashtra and ors.
.. Respondents WITH WRIT PETITION NO. 9493 OF 2022 (Not on board) Smt. Chetna Manohar Korde .. Petitioner vs.
The State of Maharashtra and ors.
.. Respondents WITH WRIT PETITION NO. 9494 OF 2022 (Not on board) Shri Namdev Mahadev Yametkar .. Petitioner vs.
The State of Maharashtra and ors.
.. Respondents WITH WRIT PETITION NO. 9504 OF 2022 (Not on board) Smt. Vaishali Rajendra Ghatage .. Petitioner vs.
The State of Maharashtra and ors.
.. Respondents
------------ Mr. Prashant Bhavake, for petitioner.
Mrs. S.S. Bhende, AGP for State.
------------ CORAM : S. V. GANGAPURWALA & M. S. KARNIK, JJ.
DATE : AUGUST 4, 2022 P.C. :
1.
The petitioners are transferred from unaided to aided posts.
2.
The learned Counsel for the petitioners has placed on record the chart showing the date of initial appointment on unaided posts, the date of approval to the appointment on unaided posts, the date of transfer to the aided posts and the approval granted to the transfer on the unaided posts. The same is reproduced hereunder:
Sr.
No.
Writ Petition No.
Name of the Petitioner Date of appointment as Asst. Teacher on Unaided Post Date of approval to unaided appointment Date of transfer on aided post of Asst.
Teacher Period of total service on Unaide d Post Date & Name of the Authority granting Approval to transfer on partially grant/Fixed Honorarium instead of 100% Salary admissible as per pay scale 1.
WP/9147/2022 Amit Vijay Patil 16/06/2008 28/04/2009 01/06/2020 11 years months 15 days 24/11/2020 Respondent No.
5-Education Officer 2.
WPST/ 19069/2022 Namdev Mahadev Yemetkar 17/06/2013 21/09/2013 01/06/2019 5 years months 16 days 5/9/2019 Respondent No.
5-Education Officer
3.
WPST/ 19068/2022 Chetna Manohar Korde 17/06/2013 21/09/2013 15/06/2017 3 years months 28 days 17/12/2018 Respondent No.
5-Education Officer 4.
WPST/ 25770/2021 Gajanan Shankar Patil 10/01/2013 25/09/2013 30/06/2016 3 years months 20 days 27/02/2019 Respondent No.
5-Education Officer 3.
It is submitted that in all these matters, the petitioners have worked on unaided posts for more than three years.
4.
We have in our judgment dated 4.7.2019 in Writ Petition No. 1493 of 2018 with connected Writ Petitions held that some of the clauses of the Circular dated 28.6.2016 do not apply. It appears that the Education Officer, while granting approval to the appointment of petitioners as an Assistant Teacher from the date of transfer to the aided posts had granted approval on grant-in-aid in phase-wise manner to the effect that after five years, the petitioners would be granted approval on 20% grant-in-aid. The same would not be in tune with the order passed by this Court from time to time at this Bench and also at principal seat. 5.
In case the petitioners are transferred on 100% grantin-aid posts since the date of completion of three years, they shall be considered on 100% grant-in-aid posts. In case the petitioners are transferred on grant-in-aid posts, for example on 60%, then from the date of transfer, they would be on 60% grant-in-aid posts, but if the petitioners, after having completed three years on unaided posts and are transferred on 100% grant-in-aid posts, their services
will have to be considered on 100% grant-in-posts. This aspect has been ignored by the Director of Education / Education Officer.
6.
In light of above, the impugned order of granting approval in phase-wise manner is quashed and set aside and modified.
7.
In case the Director of Education / Education Officer are satisfied about approval to the transfer of the petitioners on aided posts and if the petitioners have completed three years and more on unaided posts before they are transferred to aided posts on 100% grant-in-aid posts, then respondents - Director of Education/ Education Officer shall consider grant of approval to the transfer of the petitioners on 100% grant-in-aid posts within a period of six months.
8.
Writ Petitions disposed of. No costs (M. S. KARNIK, J.) (S. V. GANGAPURWALA, J.)