Kamaji Vitthalrao Jadhav v. The State Of Maharashtra And Others
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO. 2278 OF 2021 Suvarnamala D/o Prakash Dudhate ... Petitioner.
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CORAM : S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.
DATE : 04th February, 2021 PER COURT :
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.
WP No.
Name and qualification of Date of AppointDate of approval How many years worked on unaided Transfer Name of the date from unauthority granted Approval/order to employees ment on unaided basis aided to basis aided transfer on 20% grant in aid instead of 100% WP No.2778/ Suvarnamala Prakash Dudhate 26.01.14 P.No.10 24.07.14 P.No.11 5 years, 10 months 29.11.19 21.12.2019 passed by Education Officer (Sec.) P.No.18 1A WPST No.17227 /20 Madhavi Ravindra Raghunath (M.Sc. B.Ed) (Biology) 17.07.09 P.No.22 31.10.15 P.No.23 & 24 08 years 16.06.17 13.04.2018 passed by Dy.
Director of EducationP.No. 25 & 26 WPST No.17225 /20 Hase Smita Subhash (M.Sc. B.Ed) (Chemistry) 15.06.09 P.No.22 31.10.15 P.No.23 & 24 10 years 01.04.19 20.11.2019 passed by Dy.
Director of Education P.No. 25 & 26 WP NO.119/ Manohar Shalikrao Borse (B.A.B.Ed & M.Ed.) 12.02.13 30.04.13 P.No.21 & 22 5 years & 07 months 22.10.18 P.No.23 17.09.19 passed by Education Officer P.No.
29 & 30
WPST NO.3878/ Panjabrao Amulrao Pawar (M.Com. B.Ed.) 01.09.10 P.No.19 27.05.12 P.No. 20 & 21 05 years & 09 months 30.12.17 P.No.28 30.01.18 passed by Dy.
Director of Education P.No.29 & 30 WPST No.3873/ Machindra Sopan Wanve (B.A. B.Ed.) 01.07.08 28.12.12 P.No.19 & 20 08 years & 04 years 05.07.16 P.No.23 30.11.16 passed by Dy.
Director of Education 16/18.02.19 passed by Dy.
Director of Education P.No.24 & 25 WPST No.17209 /20 Kamaji Vitthalrao Jadhav (M.Com. B.Ed.) 15.06.07 P.No.24 19.05.15 P.No.25 & 26 10 years & 06 months 01.01.18 19.01.19 passed by Dy.
Director of Education P.No.27 & 28 WPST No.19504 /20 Dilip Tukaram Jadhav (B.A. B.Ed.) 25.06.09 P.No.25 09.06.14 P.No.26 08 years 03.04.17 02.03.19 passed by Education Officer P.No.33 & 34 27.06.19 passed y Dy.
Director of Education P.No.35 & 36 WPST No.4088/ Manisha Ashok Patil (B.A. B.Ed) 08.01.13 P.No.19 30.12.13 P.No.20 06 years, 06 months & 08 days 17.06.19 P.No.22 19.09.19 passed by Education Officer P. No.23 & 24 WPST No.4091/ Sudeshna Prabhakar Patil (B.Sc. B.Ed.) 10.10.13 15.12.15 P.No.20 06 years 01.10.19 P.No.24 30.10.19 passed by Education Officer P.No.23 & 24 WPST No.4125/ Dipak Prakash Wagh (M.A. B.Ed) 26.04.13 30.04.13 P.No.19 05 years, 05 months & 04 days 01.10.18 13.05.19 passed by Education Officer P.No.24 WPST No.22195 /20 Anilkumar Shivajirao Patil (B.A.B.Ed.) 25.06.08 P.No.10 18.01.11 P.No.12 12 years & 07 months 25.12.18 P.No.20 & 21 29.08.19 passed by Dy.
Director of Education
3.
It is submitted that in all these matters, the petitioners have worked on unaided posts for four years and more.
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 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. 5.
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 grantin-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-inaid 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.
6.
In light of above, the impugned order of granting approval in phasewise manner is quashed and set aside and modified. 7.
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.
8.
Writ Petitions disposed of. No costs ( SHRIKANT D. KULKARNI, J.) ( S.V. GANGAPURWALA, J.) S.P. Rane