Bombay High Court
Gajanan Baswantrao Patil vs The State Of Maharashtra Through Its ... on 1 April, 2025
Author: R.G. Avachat
Bench: R. G. Avachat
2025:BHC-AUG:10988-DB
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36- Writ Petition No. 10943-2022.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 10943 OF 2022
Gajanan s/O Baswantrao Patil,
Age : 39 Years, Occ. Service
as Assistant Teacher, R/o. Dongaon (Bk),
Tq. Biloli, Dist. Nanded. .. Petitioner
VERSUS
1. The State of Maharashtra
Through its Secretary,
School Education Department,
Mantralaya, Mumbai - 32.
2. The Deputy Director of Education,
Latur Division, Latur, Dist. Latur
3. The Education Officer ( Secondary),
Zilla Parishad, Nanded.
4. Dr. Sarwapalli Radhakrushnan Shikshan
Prasarak Mandal, Arali, Tq. Biloli,
Dist. Nanded.
Through its President
5. Shri. Gajanan Madhyamik Vidayalaya,
Arali, Tq. Biloli, Dist. Nanded.
Through its Head Master .. Respondents
.....
Advocate for the Petitioner : Mr. V. S. Panpatte
AGP for Respondent Nos. 1 to 3 : Mr. K. S. Patil
...
CORAM : R. G. AVACHAT AND
SANDIPUKUMAR C. MORE, JJ.
DATED : APRIL 01, 2025
JUDGMENT (PER R.G. AVACHAT, J):
1. Heard.
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36- Writ Petition No. 10943-2022.odt
2. Rule. Rule made returnable forthwith. With the consent of learned counsel for the parties, heard finally.
3. The petitioner has filed the present petition for the following main reliefs :-
"(B) By a Writ of Certiorari or any other appropriate Writ or direction in the like nature, the order dated 31.05.2021 issued by the respondent No.2 - Deputy Director of Education, Latur refusing to include the name of petitioner in Shalarth Pranali may kindly be quashed and set aside.
(C) By a Writ of Mandamus or any other appropriate Writ or direction in the like nature, respondent No.3- Education Officer (Secondary) Nanded may please be directed to grant approval to the transfer of the petitioner as Assistant Teacher on 100% aided division in the respondent No.5- School in regular pay scale w.e.f. 16.01.2020 by modifying the approval order dated
04.03.2020 at ( Exh. 'F') and further directed to the respondent No.2- Deputy Director of Education to include the name of petitioner in Shalarth System/Pranali within a period of four week and release arrears of salary of within a period of six weeks from today.
(D) By a writ of Mandamus or any other appropriate Writ or direction in the like nature, the respondent No.3 may please be directed to grant approval to the transfer/absorptions of petitioner from unaided to aided post as Assistant Teacher in the respondent No.5- School and accordingly release due and payable salary of the petitioner w.e.f. 16.01.2020 till today within a period of two months from today with interest (3) 36- Writ Petition No. 10943-2022.odt thereon."
4. The petitioner was appointed as "Assistant Teacher" on Unaided Post on 15.01.2011. His appointment has been approved on probation on 30th November, 2016. The Authority concerned had granted permanent approval to the petitioner's appointment on 20th December 2016. Thereafter, he was transferred on 16.01.2020 from Unaided Post to Aided one. The order dated 4th March 2020 passed by respondent No.3, granting approval to the transfer, but with a rider that the petitioner would only be paid honorarium of Rs. 8000/- per month, instead of prescribed pay-scale. Admittedly, the petitioner had served on Unaided Post for a period of 8 years, 7 months and 5 days. For passing the order impugned herein, the respondent-Education Officer relied on Government Circular dated 28th June 2016.
5. Learned Advocate for the petitioner relied on number of authorities. One of them is the order dated 8th August 2019, passed in Writ Petition No. 7841 of 2019, wherein it has been observed that the circular dated 28th June 2016 would not be applicable to the petitioner therein. It is not in dispute before us that the petitioner's case is similar to that of the petitioner in the said Writ Petition.
6. Learned A.G.P. did not dispute. He, however, submits that, the matter may be remanded back to the Education Officer to decide it afresh. According to him, there may be an issue of seniority or other (4) 36- Writ Petition No. 10943-2022.odt issues as well. The learned A.G.P. adverted our attention to Sub-rule 3 of Rule 41 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 which speaks about transfer. According to him, the petitioner has been transferred to higher secondary school and that would necessarily result in reduction of pay of the petitioner. The same is not permissible in view of sub-rule 3. The same indicates that, the learned A.G.P. wants to come to rescue of the petitioner. We, therefore, make it clear that, in any case the pay of the petitioner shall not be reduced on account of he having been transferred from Unaided to Aided school i.e. from Higher Secondary to Secondary School.
7. We are not at one with the submissions made by the learned AGP. The order impugned herein has been passed solely on the basis of Government Circular dated 28th June 2016 which has no application to the case of the petitioner. It is reiterated that since the petitioner has rendered service for little over 8 years & 7 months on Unaided Post and thereafter he was transferred, his appointment ought not to have been approved on the honorarium.
8. For all the aforesaid reasons, we are inclined to allow the Writ Petition with direction to respondent No.3 to grant approval to the petitioner's appointment on his transfer from Unaided to Aided Post (100% grant) within a period of two months from the date of receipt (5) 36- Writ Petition No. 10943-2022.odt of copy of this order. We are also inclined to grant relief in terms of prayer clause (C) of the Writ Petition which reads as follows.
''(C) By a Writ of Mandamus or any other appropriate Writ or direction in the like nature, respondent No.3- Education Officer (Secondary) Nanded may please be directed to grant approval to the transfer of the petitioner as Assistant Teacher on 100% aided division in the respondent No.5- School in regular pay scale w.e.f. 16.01.2020 by modifying the approval order dated 04.03.2020 at ( Exh. 'F') and further direct the respondent No.2- Deputy Director of Education to include the name of petitioner in Shalarth System/Pranali within a period of four week and release arrears of salary of within a period of six weeks from today.''
9. Rule made absolute in above terms.
(SANDIPKUMAR C. MORE) (R. G. AVACHAT )
JUDGE JUDGE
Y.S. Kulkarni