Amol Prabhakar Patil And Another v. The State Of Maharashtra And Others
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 919 WRIT PETITION NO. 8258 OF 2021 AMOL PRABHAKAR PATIL AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS AND 922 WRIT PETITION NO.8261 OF 2021 DASHRATH GOVINDA SALUNKHE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS AND 930 WRIT PETITION NO.8285 OF 2021 YOGITA KRUSHNADAS AHIRE
VERSUS
THE STATE OF MAHARASHTRA THR ITS PRINCIPAL SECRETARY AND OTHERS Advocate for Petitioners : Mr. R.I. Wakade.
AGP for Respondent Nos. 1 to 3 in WP/8258/21 : Mr. A.R. Kale. AGP for Respondent Nos. 1 to 4 in WP/8261/21 : Mr. S.P. Tiwari. AGP for Respondent Nos. 1 to 3 in WP/8285/21 : Mrs. V.N. Patil-Jadhav.
CORAM : S.V. GANGAPURWALA & R.N. LADDHA, JJ.
DATED : 03.08.2021 PER COURT :
The proposal seeking approval to the transfer of the petitioner from unaided to aided post is approved but in a phase wise grant-inaid.
2.
It is the contention of the petitioners that the petitioners have worked on unaided post for more than five years before transfer to the aided posts. The aided posts to which the petitioners are transferred on 100% grant-in-aid for which the approval has to be on 100% grant-in-aid post.
3.
The AGP waives service for respondent Nos. 1 to 3. 4.
The petitioners have placed on record the charts giving the date of appointment on unaided post. The approval granted to the appointment on unaided and the date of transfer to the aided post. The same is reproduced as below :
Chart in Writ Petition No. 8258 of 2021 Sr.
No.
W.P.
Name and qualification Date of appointment on unaided Date of approval How many Transfer date from Name of No.
the authority of employee on unaided years unaided to aided worgranted approval/ basis basis ked w.e.f.
on unaiorder to transfer on 20% grant-inded basis aid instead of 100% 1.
Shri. Amol 01.12.12 14.08.13 Years 01.03.20 26.05.20 passed by Prabhakar Patil (B.A.B.Ed.) Open
2.
Shri. Gopal 01.12.12 14.08.13 Years 01.08.18 31.08.18 passed by Kaduba Chaudhari (B.Sc. B.Ed.) Open Chart in Writ Petition No. 8261 of 2021 Sr.
No.
Name and Qualification of Petitioner/Employee Approval How many Transfer date w.e.f.
Approval of "Assistant years worked on as "Assistant Teacher on 20% GrantTeacher"
unaided on unaided basis.
in-aid i.e.
Aided basis basis w.e.f.
w.e.f.
1.
Dashrath S/o.
Govinda Salunkhe (B.A., B.Ed-English) Approval 07 - years 29.06.20 Approval vide order vide order dt.
12.08.13 & 11 - Days dt.
17.08.20 Belongs to S.T.
Category w.e.f.
17.06.13 w.e.f.
29.06.20 Chart in Writ Petition No. 8285 of 2021 Sr.
No.
WP /St.
Name and qualification Date of appoint ment on unaided Date of Approval How many Transfer Name of date from unaided to aided the authority No.
of employee on unaided years worked granted Approval/ basis basis on unaide d basis w.e.f.
order to transfer on 20% grant-inaid instead of 100% 1.
Smt. Yogita Krushnadas 01.01.04 16.03.11 Years 01.07.20 12.11.20 passed by
Ahire (H.S.C.D.Ed.) & Months 5.
It is submitted in all these matters, the petitioners have worked on unaided posts for four years and more.
6.
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 Officer, 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 five 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.
7.
In case the petitioners are transferred on 100% grant-in-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-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 Officer.
8.
In light of above, the impugned order of granting approval in phase-wise manner is quashed ans set aside and modified. 9.
In case the Director of Education / Dy. Director of Education / Education Officer are satisfied 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 Officer shall consider grant of approval to the transfer of the petitioners on 100% grant-in-aid posts within a period of six months. 10.
Writ Petitions disposed of. No costs.
( R.N. LADDHA, J. ) ( S.V. GANGAPURWALA, J. ) S.P.C.