Parameshwar S/O Kallappa Birajdar And ORS v. The State Of Maharashtra Thru Prin. Secretary, Sports And Edu. Dept. And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7653 OF 2022 Parameshwar s/o. Kallappa Birajdar & Ors.
...
Petitioners
Versus
The State of Maharashtra & Ors. ...
Respondents WITH WRIT PETITION NO. 7734 OF 2022 Rukmini Shantaram Karanjkar ...
Petitioner
Versus
The State of Maharashtra & Ors. ...
Respondents Mr. Ramesh Wakade, Advocate for the Petitioners in WP/7653/2022.
Mr. Ramesh Wakade i/b. Mr. Paresh Borse, Advocate for the Petitioner in WP/7734/2022.
Mr. S. L. Babar, AGP for the Respondents/State in WP/7653/2022.
Mr. N. C. Walimbe, AGP for the Respondents/State in WP/7734/2022.
CORAM:
S.V. GANGAPURWALA & S. M. MODAK, JJ.
DATED :
JULY 4, 2022 1/4
P.C.
1.
The petitioners are transferred from unaided to aided posts.
2.
The learned Counsel for the petitioners has placed on record the charts showing the date of initial appointments on unaided posts, the date of approval to the appointments 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 :
Petitioners in Writ Petition No. 7653 of 2022 Sr.
No Name of Employees Appointme How many years worked Transfer date w.e.f.
unaided to Approval on 20% grant-in-aid basis nt & Approval of on un-aided instead of 100% aided w.e.f.
basis w.e.f.
on unaided basis 1.
Parameshwar s/o. Kallappa Birajdar 04.01.2013 Vide approval order dtd.
19.10.2013 Page. No.24 More than 6 years 01/07/2019 01/07/2019 vide approval dtd.
25.10.2019 Granted by Education Offcer(Secondary,, Z.P., Solapur Page No.36 2.
Satish s/o.
Shivshankar Mhamane 17.12.2012 Vide approval order dtd.
26.06.2013 Page. No.25 More than 6 years 01/08/2019 01/08/2019 vide approval dtd.
25.10.2019 Granted by Education Offcer(Secondary,, Z.P., Solapur Page No.37 3.
Rajendra s/o.
Bhaurav Ghodake 16.06.2014 Vide approval order dtd.
07.11.2015 Page. No.26 More than 5 years 17/06/2019 17/06/2019 vide approval dtd.
25.10.2019 Granted by Education Offcer(Secondary,, Z.P., Solapur Page No.38 4.
Amar s/o.
Prabhakar Kasture 01.01.2013 Vide approval order dtd.
19.10.2013 Page. No.27 More than 6 years 01/07/2019 01/07/2019 vide approval dtd.
25.10.2019 Granted by Education Offcer(Secondary,, Z.P., Solapur Page No.39 2/4
5.
Mallinath s/o.
Kalyani Halsure 15.06.2011 Vide approval order dtd.
20.05.2015 Page. No.28 More than 6 years 16/06/2017 16/06/2017 vide approval dtd.
13.10.2017 Granted by Deputy Director of Education, Pune Division, Pune Page No.40 Petitioner in Writ Petition No. 7734 of 2022 Name of Employee Appointme nt & on unaided basis How many years worked Transfer Date of approval on from unaided to Aided basis 20% grant-in-aid w.e.f.
on unaided basis Rukmini Shamtaram Karanjkar Working with Resp. No. 5 Junior College Deolali camp Nasik.
01.07.2013 Vide unaided Approval order dtd.
31.12.2014 Page. No.31 6 years services on unaided post 01/08/2019 Page No.37 Approval Order dt.
22.06.2020 by Dy Director Nasik Page No.39 & 41 & 33 3.
It is submitted that in all these matters, the petitioners have worked on unaided posts for four years and more.
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 Offcer, 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 fve 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. 3/4
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/Dy. Director of Education/Education Offcer.
6.
In light of above, the impugned order of granting approval in phase-wise manner is quashed and set aside and modifed.
7.
In case the Director of Education/Dy. Director of Education/Education Offcer are satisfed 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/Dy. Director of Education/Education Offcer 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 are disposed of. No costs (S. M. MODAK, J., (S.V. GANGAPURWALA, J., by RAJU DATTATRAYA GAIKWAD Date:
2022.07.07 12:37:49 +0530 RAJU DATTATRAYA GAIKWAD 4/4