Yogita Satish Vispute And ANR v. The State Of Maharashtra And ANR
by HEMANT CHANDERSEN SHIV Date:
2022.06.30 17:01:47 +0530 HEMANT CHANDERSEN SHIV Shiv
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5072 OF 2021 Shamala Vijay Kshirsagar And Anr ....Petitioner V/S The State Of Maharashtra And Anr ....Respondent WITH WRIT PETITION NO. 5074 OF 2021 Balu Laxman Vabale And Anr ....Petitioner V/S The State Of Maharashtra And Anr ....Respondent WITH WRIT PETITION NO. 5075 OF 2021 Yogita Satish Vispute And Anr ....Petitioner V/S The State Of Maharashtra And Anr ....Respondent WITH WRIT PETITION NO. 5076 OF 2021 Ramdas Chindhu Thalkar And Anr ....Petitioner V/S The State Of Maharashtra And Anr ....Respondent WITH WRIT PETITION NO. 5078 OF 2021 Sanjay Vishvnath Gaikwad And Anr ....Petitioner V/S The State Of Maharashtra And Anr ....Respondent 1/4
WITH WRIT PETITION NO. 5079 OF 2021 Sagar Pandurang Lonari And Anr ....Petitioner V/S The State Of Maharashtra And Anr ....Respondent Ms. Pranita P. Hingmire for the Petitioners in all Petitions. Mrs. P.J. Gavhane AGP for the Respondent-State. CORAM : S. V. GANGAPURWALA & S. M. MODAK, JJ.
DATED : 23RD JUNE 2022 P.C. :
1.
The proposal seeking approval of transfer of the Petitioners from the un-aided posts to aided posts are allowed but in phase wise grant-in-aid manner.
2.
We have heard learned counsel for the Petitioners and learned AGP for the Respondent-State.
3.
The chart showing transfer of the Petitioners from the unaided posts to aided posts and the date of grant of approval are detailed hereunder : 2/4
Sr.
No.
Name of Petitioner Writ Petition No.
Date of Appointment Date of transfer on aided post Approval granted to transfer on stage wise salary grant 1.
Shamala Kshirsagar 5072/2021 12/06/2003 01/06/2018 24/08/2018 2.
Balu Vabale 5074/2021 14/06/2002 17/06/2018 06/01/2022 3.
Yogita Vispute 5075/2021 07/06/2006 01/07/2018 24/08/2018 4.
Ramdas Thalkar 5076/2021 14/06/2002 01/03/2017 18/07/2018 5.
Sanjay Gaikwad 5076/2021 14/06/2002 01/03/2017 18/07/2018 5.
Sagar Lonari 5078/2021 15/06/2012 01/03/2018 24/08/2018 It would appear that the Petitioners have rendered services of more than six years on the un-aided posts before they were transferred to aided posts, in some cases it is even more.
4.
This Court in its judgment and order dated 4th July 2019 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 and cannot be operative, if transfers of the Petitioners on aided posts is prior to the amendment of August 2020 to Rule 41A of the M.E.P.S. Rules. 5.
In the light of that if the Petitioners have worked for more than three years prior to transfer on the aided posts and aided posts to which the Petitioners are transferred are 100% grant-in-aid then approval is to be granted on 100% grant-in-aid.
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6.
In the light of above, the impugned order granting approval to the transfer of the Petitioners to the aided posts in phase wise manner is set aside.
7.
The Respondent - Education Officer shall reconsider the said proposal to the extent of grant of transfer of 100% grant-in-aid. If the Education Officer comes to the conclusion that the posts on which the Petitioners are transferred are 100% grant-in-aid then shall grant approval to transfer of the Petitioners to the aided posts on 100% grant-in-aid. 8.
We have passed this order as transfer of the Petitioners were already approved meaning thereby the Education Officer had considered seniority, roster, qualification and all other aspects of matter. 9.
The Writ Petitions are accordingly disposed of. No costs. (S. M. MODAK, J.) (S. V. GANGAPURWALA, J.) 4/4