Shri. Abhijit Rajgonda Kothale v. The State Of Maharashtra Thru The Secretary, School Edu. And Sports Dept. And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10324 OF 2022 Udaysinh Tanajirao Bhosale ...
Petitioner
Versus
The State of Maharashtra & Ors.
...
Respondents WITH WRIT PETITION NO. 10325 OF 2022 Abhijit Rajgonda Kothale ...
Petitioner
Versus
The State of Maharashtra & Ors.
...
Respondents Mr. Prashant Bhavake, Advocate for the Petitioners. Mr. V. M. Mali, AGP for the Respondents/State.
CORAM:
S.V. GANGAPURWALA & R. N. LADDHA, JJ.
DATED :
SEPTEMBER 6, 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 appoint ment as Date of approval to unaided Date of transfer on aided post of Period of total service on Unaided Date & Name of the Authority granting Approval to 1/3
Asst.
Teacher on Unaided Post appointm ent Asst.
Teacher Post transfer on partially grant/ Fixed Honorarium instead of 100% Salary admissible as per pay scale 1.
WP/ 9147/ Amit Vijay Patil 16/06/ 28/04/ 01/06/ 11 years months 15 days 24/11/2020 Respondent No.5Education Offcer 2.
WPST/ 19069 /2022 Namdev Mahadev Yemetkar 17/06/ 21/09/ 01/06/ 5 years months 16 days 5/9/2019 Respondent No.5Education Offcer 3.
WPST/ 19068 /2022 Chetna Manohar Korde 17/06/ 21/09/ 15/06/ 3 years months 28 days 17/12/2018 Respondent No.5Education Offcer 4.
WPST/ 25770 /2021 Gajanan Shankar Patil 10/01/ 25/09/ 30/06/ 3 years months 20 days 27/02/2019 Respondent No.5Education Offcer 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 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 2/3
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-aid posts. This aspect has been ignored by the 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 / 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/ 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 disposed of. No costs (R. N. LADDHA, J.) (S.V. GANGAPURWALA, J.) by RAJU DATTATRAYA GAIKWAD Date:
2022.09.07 17:48:43 +0530 3/3 RAJU DATTATRAYA GAIKWAD