Satish Fakira Sonawane v. The State Of Maharashtra And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5300 OF 2021 Satish Fakira Sonawane

...Petitioner

Versus

The State of Maharashtra & Ors.

...Respondents

---- Mr.N.V. Bandiwadekar i/b Ms.Ashwini N. Bandiwadekar, for the Petitioner in both WP.

Ms.S.S. Bhende, AGP for Respondent Nos.1 and 2-State. ---- CORAM : S.V. GANGAPURWALA & by NILAM SANTOSH KAMBLE Date: 2022.11.18 11:21:34 +0530 NILAM SANTOSH KAMBLE S.G. DIGE, JJ.

DATE : 16 NOVEMBER 2022 P.C:- 1.

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 1st November 2010. The Deputy Director of Education granted N.S. Kamble page 1 of 4

approval to the un-aided appointment of the petitioner under the order dated 30th August 2016. The petitioner was transferred to the aided post on 1st December 2018. The Deputy Director of Education has approved the transfer of the petitioner to aided post but in phase wise manner. 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 RespondentState. 7.

The factual matrix does not appear to be disputed. The Petitioner is appointed on the unaided post on 1st November 2010 and after rendering services for eight years was transferred on the aided post on 1st December 2018. 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-inaid post then approval is to be granted on 100% grant-in-aid. Of N.S. Kamble page 2 of 4

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 dated 22nd January 2019 to the extent of granting approval to the Petitioner's transfer in phase wise manner 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 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. N.S. Kamble page 3 of 4

10.

Rule is accordingly made absolute.

11.

The writ petition is disposed of. No costs.

(S.G. DIGE, J.) (S.V. GANGAPURWALA, J.) N.S. Kamble page 4 of 4