Madhav Damodhar Baikare v. The State Of Maharashtra Thr Its Secretary And Others

.. 1 .. WP.7846.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 83 WRIT PETITION NO.7846 OF 2021 MADHAV DAMODHAR BAIKARE .. Petitioner

VERSUS

THE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS .. Respondents ...

Advocate for Petitioner : Mr Chandrakant K. Shinde AGP for Respondents / State : Mr P.G. Borade ...

CORAM : S. V. GANGAPURWALA & R.N. LADDHA, JJ.

DATE : 19-07-2021 PER COURT : - 1.

It is contended that, the petitioner is appointed on unaided post as Higher Secondary Teacher under appointment order dated 06-07-2011. The services of the petitioner on unaided post are approved. The petitioner is transferred to the aided post on 28-07-2017. The approval is granted to the transfer of the petitioner on the aided post, but in phase-wise grant-in-aid manner. The learned Counsel submits that, the same is illegal. The approval ought to have been granted on 100% grant-in-aid as the petitioner is worked for more than six years on unaided post. 2.

The factual matrix appears to be as a matter of record.

.. 2 .. WP.7846.2021 After working for more than 6 years, the petitioner is transferred to the aided post on 25-07-2017.

3.

The approval in phase-wise manner is granted probably relying upon the Circular dated 28-06-2016.

4.

This Court in Writ Petition No.1493 of 2018 with connected writ petitions under the Judgment and order dated 04-07-2019 held that, 'in case the petitioner worked for three years and more on the unaided post and thereafter transferred to the 100% grant-in-aid post, then the approval ought to have been granted on 100% grant-in-aid post.'

5.

In light of the above, the impugned order to the extent of granting approval in phase-wise manner is set aside. 6.

The Respondent - Divisional Deputy Director of Education shall satisfy himself about the transfer of the petitioner on 100% grant-in-aid post. If the petitioner is transferred on 100% grant-in-aid post, then the approval needs to be granted to the petitioner on 100% grant-in-aid post. The same shall be done, preferably, within a period of four months.

.. 3 .. WP.7846.2021 7.

Writ Petition is accordingly disposed of. No costs. [ R.N. LADDHA ] [ S. V. GANGAPURWALA ] JUDGE JUDGE ...