Deepa Bapurao Jamkar v. The State Of Maharashtra And Others
IN THE HIGH COURT AT BOMBAY
APPELLATE SIDE, BENCH AT AURANGABAD 902 WRIT PETITION NO.9019 OF 2021 DEEPAK GANESHRAO PETHKAR
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ...
Advocate for Petitioner : Mr. Patil Kalyan V. AGP for Respondents State : Mr. A.R. Kale ...
903 WRIT PETITION NO.9020 OF 2021 DEEPA BAPURAO JAMKAR
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ...
Advocate for Petitioner : Mr. Patil Kalyan V. AGP for Respondents State : Mr. K.N. Lokhande ...
904 WRIT PETITION NO.9021 OF 2021 GANESH BAJIRAO LUGARE
VERSUS
THE STATE OF MAHARASHTRA THROUGH PRINCIPAL SECRETARY AND OTHERS ...
Advocate for Petitioner : Mr. Patil Kalyan V. AGP for Respondents State : Mr. S.P. Tiwari ...
CORAM : S.V. GANGAPURWALA & R.N. LADDHA, JJ.
DATED : 01/09/2021.
PER COURT :
.
The proposals seeking approval to the transfers of the petitioners from unaided posts to aided posts is approved, but in phasewise grant-in-aid manner. The petitioners are assailing the order to the extent of granting approval on unaided manner. 2.
The details of the petitioners, their date of appointment on unaided post, date of approval on unaided post, date of transfer to the aided post and date of approval order to the transfer is reproduced hereinunder :- Board Sr.No.
Particulars Date of Appointment Order Date of approval order on unaided basis Transfer from unaided to aided Total service on unaided basis Date of 20% Approval granted by Dy. Director of education Latur.
04.09.2012 2nd 06.11.2013 1st 04.09.2012 1st 1.
W.P.No.9021/2 021 Ganesh Bajirao Lungare V/s.
The State of Maharashtra & Ors.
02.07.2019 From unaided to aided 07 years 31.12.2020 w.e.f. 02.07.2019 by Education Officer, Z.P., Nanded w.e.f. 04.09.2012 12.01.2018 2nd w.e.f. 04.09.2014 01.07.2015 2nd 11.11.2013 1st 01.07.2013 1st 2.
W.P.No.9019/2 Deepak Ganeshrao Pethkar V/s.
The State of Maharashtra & Ors.
25.01.2017 From unaided to aided 04 years 06.03.2019 w.e.f. 25.01.2017 by Education Officer, Z.P. Nanded w.e.f. 01.07.2013 02.07.2016 2nd w.e.f. 01.07.2015
05.07.2014 1st 23.02.2017 1st 3.
W.P. No.
1920/2021 Sow. Deepa Bapurao Jamkar V/s.
The State of Maharashtra & Ors.
16.06.2018 From unaided to aided 04 years 26.06.2020 w.e.f. 16.06.2018 by Dy. Director of Education, Latur, Division, Latur w.e.f. 05.07.2014 05.07.2016 2nd 23.02.2017 2nd w.e.f. 05.07.2016 3.
In all these matters, the petitioners have completed more than three and half years on unaided post before being transferred to aided posts.
4.
If the transfer to the aided post is on 100% grant-inaid, then in such circumstances, the approval ought to have been granted on 100% grant-in-aid post. Moreover, the transfers are prior to Government Resolution dated 1st April 2021 and so also the amendment to section 41 of MEPS Act.
5.
We have under the judgment and order dated 4th of July 2019 in Writ Petition No.1493 of 2018 with connected writ petitions observed that some of the clauses of the circular dated 28.6.2016 are erroneous. The Education Officer/Deputy Director of Education has relied upon the said circular. 6.
In the light of above, the impugned order to the extent of granting approval on phasewise manner is set aside. The
Education officer/Deputy Director of Education shall verify the transfer of the petitioner on 100% grant in aid post and if he is satisfied that the post on which the petitioner is transferred is on 100% grant in aid, then approval shall be granted to the petitioner on 100% grant in aid post.
7.
We have passed this order as the approval has been granted to the transfers of the petitioners to the aided posts meaning thereby that the Education Officer/Deputy Director of Education was convinced about seniority, adherance to roaster, qualification and other aspects. The aforesaid exercise shall be done preferably within four months.
8.
Writ petitions are accordingly disposed of. No costs. [ R.N. LADDHA, J. ] [S.V. GANGAPURWALA, J.] ssc/