Kurban Bhikari Tadavi v. The State Of Maharashtra And Others
1 933-wp 12080-2021+.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO. 12080 OF 2021 Kurban Bhikari Tadavi .. Petitioner
Versus
The State of Maharashtra and others .. Respondents Mr. Jitendra V. Patil, Advocate for the Petitioner. Mr. P. K. Lakhotiya, AGP for Respondent Nos. 1 to 3. AND WRIT PETITION NO. 12106 OF 2021 Charulata Ashok Ingale .. Petitioner
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The State of Maharashtra and others .. Respondents Mr. Jitendra V. Patil, Advocate for the Petitioner. Mr. S. P. Tiwari, AGP for Respondent Nos. 1 to 3. AND WRIT PETITION NO. 12165 OF 2021 Ajay Sudhakar Chaudhari .. Petitioner
Versus
The State of Maharashtra and others .. Respondents Mr. Jitendra V. Patil, Advocate for the Petitioner. Mr. K. N. Lokhande, AGP for Respondent Nos. 1 to 3. CORAM :
S. V. GANGAPURWALA & R. N. LADDHA, JJ.
DATED : 28th October, 2021.
2 933-wp 12080-2021+.odt PER COURT:- .
The authority has granted approval to the transfers of the petitioners from unaided to aided posts, however, in a phase-wise grant in aid manner.
2.
According to the learned counsel for the petitioners, the services rendered by the petitioners on unaided posts are not considered. 3.
The learned A.G.P. appears for respondent Nos. 1 to 3 and supports the order passed by the authority.
4.
The details of the date of appointment of the petitioners on unaided posts, date of approval on unaided posts and the date of approval to the aided posts are detailed as under : Sr.
No.
Writ Petition No.
Name of the Petitioner/ Employee Date of Appointment on Unaided basis Date of Approval (Unaided) Transfer Date from Unaided to Aided Date of Approval (Aided) How many years worked on Unaided basis WP/12080/2021 Kurban Bhikari Tadavi 07/02/2012 (Page No. 15) 25/04/2013 (Page No. 16) 01/02/2021 (Page No. 18) 04/03/2021 (Page No. 19) 8 years months WP/12106/2021 Charulata Ashok Ingale 07/02/2012 (Page No. 15) 25/04/2013 (Page No. 16) 01/02/2021 (Page No. 18) 04/03/2021 (Page No. 19) 8 years months WP/12165/2021 Ajay Sudhakar Chaudhari 07/02/2013 (Page No. 15) 25/04/2013 (Page No. 16) 01/02/2021 (Page No. 18) 04/03/2021 (Page No. 19) 7 years months 5.
It would appear that all these petitioners have rendered services of more than five years on unaided posts prior to the transfers to the
3 933-wp 12080-2021+.odt aided posts. The transfers of the petitioners to the aided posts are prior to the amendment to rule 41-A of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981. Rule 41-A has been amended on 08.06.2021.
6.
We had in our judgment and order dated 14.07.2019 in Writ Petition No. 1493 of 2018 with other connected writ petitions observed that some of the clauses of the circular dated 28.06.2016 are erroneous. The services of the petitioners rendered on unaided posts are required to be considered. As all these petitioners have rendered services for more than five years on unaided posts and if they are transferred on 100% grant in posts, then their approval ought to have been granted on 100% grant in aid posts.
7.
In the light of the above, the impugned order to the extent of granting approval in a phase-wise manner is set aside. The authority shall verify the transfers of the petitioners on 100% grant in aid posts and if the authority is satisfied that, the petitioners have been transferred on 100% grant in aid posts after rendering services for more than five years on unaided posts, then the authority shall grant approval on 100% grant in aid posts from the date of transfers to the aided posts.
4 933-wp 12080-2021+.odt 8.
We have passed this order as the authority has approved the transfers of the petitioners on aided posts thereby confirming that the seniority, roster has been followed and the petitioners possess the necessary qualification.
9.
The aforesaid exercise shall be done preferably within a period of four (04) months from today.
10.
Writ petitions are disposed of. No costs.
( R. N. LADDHA ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.