Dattaray Shivaji Patil v. The State Of Maharashtra Thr. Secretary And ORS
Digitally signed by RUSHIKESH V PATIL Date:
2022.06.15 10:15:07 +0530 RUSHIKESH V PATIL
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9098 OF 2021 Yashavant Dattatray Chavan ..
Petitioner
Versus
The State of Maharashtra & Ors.
..
Respondents WITH WRIT PETITION NO. 9073 OF 2021 Dattatray Shivaji Patil ..
Petitioner
Versus
The State of Maharashtra & Ors.
..
Respondents WITH WRIT PETITION NO. 9075 OF 2021 Maheshrao Arvind Jundale ..
Petitioner
Versus
The State of Maharashtra & Ors.
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Respondents WITH WRIT PETITION NO. 9074 OF 2021 Ansar Mahibub Inamdar ..
Petitioner
Versus
The State of Maharashtra & Ors.
..
Respondents WITH WRIT PETITION NO. 9076 OF 2021
Milind Khandu Deshmukh ..
Petitioner
Versus
The State of Maharashtra & Ors.
..
Respondents WITH WRIT PETITION NO. 9072 OF 2021 Prasad Dadasaheb Khadtare ..
Petitioner
Versus
The State of Maharashtra & Ors.
..
Respondents **** Mr. Laxman S. Deshmukh, Advocate for the Petitioners in all above petitions.
Mr. S. B. Kalel, AGP for the Respondent-State. **** CORAM : S. V. GANGAPURWALA AND DHIRAJ SINGH THAKUR, JJ.
DATE : 13th JUNE, 2022.
P.C:
.
The Petitioners herein are transferred from unaided to aided posts. The approval has been granted to the transfer of the Petitioners from unaided to aided posts but in phase wise grant-in-aid manner. The Petitioners are assailing the approval in phase wise grant-in-aid manner. 2.
The contention is the services rendered on unaided posts are required to be considered.
3.
The date of appointment of the Petitioners, the date of approval, the date of transfer to the aided posts are detailed herein under: Sr.
No .
Writ Petitions Name of Petitioners Date of appointment in unaided section and approval thereof Dates of transfer to aided section Approvals as shikshan sevak Approvals to Regular pay.
9098/2021 Yashwant Dattatraya Chavan 15/06/2014 and approval 23/12/2019 (w.e.f. 1/06/2018) 30/12/2019 18/03/2021 9072/2021 Prasad Dada Khadture 07/07/2014 and approval 10/11/2015 14/06/2016 30/06/2018 26/07/2019 9073/2021 Dattatray Shivaji Patil 28/01/2013 and approval 04/2/2013 01/02/2017 17/02/2018 10/01/2020 9074/2021 Ansari Mahibub Inamdar 28/01/2013 and approval 14/08/2013 30/09/2016 17/02/2018 04/12/2019 9076/2021 Milind Khandu Deshmukh 14/06/2010 and approval 16/12/2011 03/10/2017 30/06/2018 12/05/2021 9075/2021 Maheshrao Arvind Judale 10/06/2009 and approval 09/03/2010 14/06/2010 31/03/2012 02/01/2015 4.
This Court under its judgment and order dated 04th July, 2019 in Writ Petition No. 1493 of 2018 with connected writ petitions has observed that some of the clauses of the Circular dated 28th June, 2016 are erroneous. The services rendered on unaided posts are required to be counted while granting approval to the transfer from unaided to aided posts. 5.
To illustrate if the Petitioners have worked for two years on unaided posts and they are transferred thereafter to the aided posts, they have to be granted approval as a Shikshan Sevak for one year and thereafter as an assistant teacher.
6.
In light of the above, the impugned order granting approval to the
transfer of the Petitioners in phase wise grant-in-aid manner, is quashed and set aside.
7.
The Education Ofcer / Deputy Director shall consider that if the Petitioners are transferred on 100% grant-in-aid posts, then the services rendered on the unaided posts shall also be counted while granting the approval as Shikshan Sevak / Assistant Teacher. 8.
We have passed the aforesaid order as the Education Ofcer / Deputy Director has granted the approval to the transfer of the Petitioners from unaided to aided posts. Meaning thereby, the Education Ofcer / Deputy Director was convinced about the qualifcation, seniority list, the roster and all other aspects. The same shall be considered expeditiously, preferably within four months.
9.
Writ petition accordingly stands disposed of. No costs. Depending upon the order, the consequences shall follow. (DHIRAJ SINGH THAKUR, J.) (S. V. GANGAPURWALA, J.)