Laxman Mukundrao Patil And Others v. The State Of Maharashtra And Others

1 35-WP-2416-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2416 OF 2021 Laxman s/o Mukundrao Patil and others

...Petitioners

Versus

The State of Maharashtra and others

...Respondents

Mr V.S. Panpatte, Advocate for Petitioners Mr S.R. Yadav (Lonikar), A.G.P. for Respondent-State CORAM : S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 8th FEBRUARY, 2021 PER COURT :

1.

The petitioners seek modification to the order of approval to the transfer of the petitioners from unaided to aided posts on honorarium of 20 % grant-in-aid.

2.

It is the case of the petitioners that the petitioners have worked for more than three years on unaided posts before the transfer to the aided post. They are transferred on 100 % grant-in-aid post. As such, they ought to have been approved on 100 % grant-in-aid from the date of their transfer.

3.

In case the petitioners are transferred on 100 % grant-in-aid and they have completed three years on unaided posts before their transfer on aided posts, then approval ought to be granted on 100 % grant-in-aid.

2 35-WP-2416-2021 4.

In light of the above, the impugned order to the extent of granting approval of honoarium and 20 % grant-in-aid is quashed and set aside. 5.

The Education Officer (Secondary) after confirming that the petitioners have been transfered on 100 % grant-in-aid posts shall grant approval to the transfer of the petitioners on 100 % grant-in-aid posts and shall pass the orders accordingly, preferably within a period of two months from today.

6.

The writ petition is disposed of. No costs.

[ SHRIKANT D. KULKARNI, J. ] [ S.V. GANGAPURWALA, J. ] mta