Dattatray Shravan Salunke v. The State Of Maharashtra And Others
1 wp 8226.2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 61 WRIT PETITION NO.8226 OF 2021 SHARAD PADMAKAR CHAUDHARI AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...
Advocate for Petitioners: Mr. Vilas S Panpatte AGP for Respondents/State: Mr. S. P. Tiwari ...
AND ...
71 WRIT PETITION NO.8236 OF 2021 DATTATRAYA PANDURANG KARHALE
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS ...
Advocate for Petitioners: Mr. Vilas S Panpatte AGP for Respondents/State: Mr. A. R. Kale ...
AND ...
74 WRIT PETITION NO.8239 OF 2021 LOTAN YUVARAJ BIRHADE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ...
Advocate for Petitioners: Mr. Vilas S Panpatte AGP for Respondents/State: Mrs. V. N. Patil-Jadhav ...
AND ...
76 WRIT PETITION NO.8241 OF 2021 DATTATRAY SHRAVAN SALUNKE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ...
Advocate for Petitioners: Mr. Vilas S Panpatte AGP for Respondents/State: Mr. P. K. Lakhotiya ...
2 wp 8226.2021 CORAM: S. V. GANGAPURWALA & R. N. LADDHA, JJ.
DATE:
02nd AUGUST, 2021 PER COURT:
1.
The proposals seeking approval to the transfer of the petitioners from unaided to aided posts are approved however in a phase-wise grantin-aid. According to the learned Counsel for the petitioners, the petitioners had put-in more than 3 years of service on unaided posts before being transferred to the aided posts.
2.
We have heard the learned A.G.P.
3.
The particulars of the date of appointment on unaided posts, the date of approval to their appointments on unaided posts and the dates of transfer are reproduced herewithW.P.
No.
Name of Petitioners Date of Appointment w.e.f.
Date of Approval Date of Transfer w.e.f.
Name o the Authority granted approval to transfer 8226/ 1.Sharad s/o Padmakar Chaudhari 2.Narayan s/o Gangaram Patil 24.06.2013 26.12.2014 (P.No.18) 01.07.2020 (P.No.22) 24.09.2020 (P.No.28&33) Dy.Director of Education, Nashik 01.02.2020 (P.No.24) 8236/ Dattatraya s/o Pandurang 12.11.2012 26.03.2013 15.01.2015 (P.No.22&25) 01.06.2020 (P.No.28) 18.09.2020 (P.No.31) Education
3 wp 8226.2021 Karhale Officer (Sec.) 8329/
1. Lotan s/o Yuvaraj Birhade
2. Vandana d/o Dharamsing Sonawane
3. Madhuri d/o Bhaidas Patil
4. Vandana d/o Bhalerao Deshmukh
5. Rita d/o Arun Bhairav 17.06.2010 24.11.2013 15.06.2019 28.12.2020 14.06.2010 24.11.2013 22.12.2018 23.01.2019 15.06.2012 24.11.2012 15.06.2017 28.12.2017 14.06.2010 24.11.2013 02.11.2017 05.05.2018 21.07.2009 24.11.2013 (P.No.21 to 30) 02.11.2017 (P.No.31 to 40) 05.05.2018 (P.No.47 to 55) Dy. Director of Education, Nashik 8241/ Dattatray s/o Shravan Salunke 15.06.2015 (P.No.22) 30.08.2016 (P.No.24) 15.06.2018 (P.No. 26) 16.02.2019 (P.No.28) Dy. Director of Education, Nashik (on Honorarium) 4.
The authority has placed reliance upon the Circular dated 28.06.2016 while granting approval in a phase-wise manner.
5.
We have under Judgment and Order dated 04.07.2019 in Writ Petition No. 1493 of 2018 with connected writ petitions observed that some of the clauses of the Circular dated 28.06.2016 are erroneous.
6.
In the said Judgment, we have held that if a person has worked for 3 years or more on unaided
4 wp 8226.2021 post prior to transfer to the aided post and if is transferred to the 100% grant-in-aid post, then in that case the approval ought to be on 100% grantin-aid post. Referring to the chart above, it appears that all these petitioners have worked for more than 3 years on unaided posts before being transferred to the aided posts.
7.
In light of the above, the impugned orders to the extent of granting approval in phase-wise manner is quashed and set aside.
8.
In case, the authority is satisfied that the transfer of the petitioners are on 100% grant-inaid posts and the petitioners have rendered services for 3 years or more as an Assistant Teacher on unaided posts, then in that case the approval ought to be on 100% grant-in-aid posts as an Assistant Teacher.
9.
The authority shall consider the said aspect and take decision within a period of four (04) months.
5 wp 8226.2021 10.
We have passed the aforesaid order as the approval has been granted by the authority to the transfer of the petitioners from unaided to aided posts, meaning thereby, that, the authority is satisfied about the seniority, adherence to the roster and the qualification.
11.
Writ Petition is accordingly disposed of. No costs.
[R. N. LADDHA, J.] [S. V. GANGAPURWALA, J.] marathe