Bombay High Court
Dattatraya Pandurang Karhale vs The State Of Maharashtra Thr Its ... on 2 August, 2021
Bench: S.V. Gangapurwala, R. N. Laddha
1 wp 8226.2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
61 WRIT PETITION NO.8226 OF 2021
SHARAD PADMAKAR CHAUDHARI AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND
OTHERS
...
Advocate for Petitioners: Mr. Vilas S Panpatte
AGP for Respondents/State: Mr. S. P. Tiwari
...
AND
...
71 WRIT PETITION NO.8236 OF 2021
DATTATRAYA PANDURANG KARHALE
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL
SECRETARY AND OTHERS
...
Advocate for Petitioners: Mr. Vilas S Panpatte
AGP for Respondents/State: Mr. A. R. Kale
...
AND
...
74 WRIT PETITION NO.8239 OF 2021
LOTAN YUVARAJ BIRHADE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for Petitioners: Mr. Vilas S Panpatte
AGP for Respondents/State: Mrs. V. N. Patil-Jadhav
...
AND
...
76 WRIT PETITION NO.8241 OF 2021
DATTATRAY SHRAVAN SALUNKE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for Petitioners: Mr. Vilas S Panpatte
AGP for Respondents/State: Mr. P. K. Lakhotiya
...
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2 wp 8226.2021
CORAM: S. V. GANGAPURWALA &
R. N. LADDHA, JJ.
DATE: 02nd AUGUST, 2021
PER COURT:
1. The proposals seeking approval to the
transfer of the petitioners from unaided to aided
posts are approved however in a phase-wise grant-
in-aid. According to the learned Counsel for the
petitioners, the petitioners had put-in more
than 3 years of service on unaided posts before
being transferred to the aided posts.
2. We have heard the learned A.G.P.
3. The particulars of the date of appointment on
unaided posts, the date of approval to their
appointments on unaided posts and the dates of
transfer are reproduced herewith-
W.P. Name of Date of Date of Date of Name o the
No. Petitioners Appointment Approval Transfer Authority
w.e.f. w.e.f. granted
approval to
transfer
8226/ 1.Sharad s/o 24.06.2013 26.12.2014 01.07.2020 24.09.2020
2021 Padmakar (P.No.18) (P.No.22) (P.No.28&33)
Chaudhari Dy.Director
2.Narayan 01.02.2020 of
s/o Gangaram (P.No.24) Education,
Patil Nashik
8236/ Dattatraya 12.11.2012 26.03.2013 01.06.2020 18.09.2020
2021 s/o 15.01.2015 (P.No.28) (P.No.31)
Pandurang (P.No.22&25) Education
3 wp 8226.2021
Karhale Officer
(Sec.)
8329/ 1. Lotan s/o 17.06.2010 24.11.2013 15.06.2019 28.12.2020
2021 Yuvaraj
Birhade
2. Vandana 14.06.2010 24.11.2013 22.12.2018 23.01.2019
d/o
Dharamsing
Sonawane 15.06.2012 24.11.2012 15.06.2017 28.12.2017
3. Madhuri
d/o Bhaidas
Patil 14.06.2010 24.11.2013 02.11.2017 05.05.2018
4. Vandana
d/o Bhalerao
Deshmukh 21.07.2009 24.11.2013 02.11.2017 05.05.2018
5. Rita d/o (P.No.21 to (P.No.31 to (P.No.47 to
Arun Bhairav 30) 40) 55)
Dy. Director
of
Education,
Nashik
8241/ Dattatray 15.06.2015 30.08.2016 15.06.2018 16.02.2019
2021 s/o Shravan (P.No.22) (P.No.24) (P.No. 26) (P.No.28)
Salunke Dy. Director
of
Education,
Nashik (on
Honorarium)
4. The authority has placed reliance upon the
Circular dated 28.06.2016 while granting approval
in a phase-wise manner.
5. We have under Judgment and Order dated
04.07.2019 in Writ Petition No. 1493 of 2018 with
connected writ petitions observed that some of the
clauses of the Circular dated 28.06.2016 are
erroneous.
6. In the said Judgment, we have held that if a
person has worked for 3 years or more on unaided
4 wp 8226.2021
post prior to transfer to the aided post and if is
transferred to the 100% grant-in-aid post, then in
that case the approval ought to be on 100% grant-
in-aid post. Referring to the chart above, it
appears that all these petitioners have worked for
more than 3 years on unaided posts before being
transferred to the aided posts.
7. In light of the above, the impugned orders to
the extent of granting approval in phase-wise
manner is quashed and set aside.
8. In case, the authority is satisfied that the
transfer of the petitioners are on 100% grant-in-
aid posts and the petitioners have rendered
services for 3 years or more as an Assistant
Teacher on unaided posts, then in that case the
approval ought to be on 100% grant-in-aid posts as
an Assistant Teacher.
9. The authority shall consider the said aspect
and take decision within a period of four (04)
months.
5 wp 8226.2021
10. We have passed the aforesaid order as the
approval has been granted by the authority to the
transfer of the petitioners from unaided to aided
posts, meaning thereby, that, the authority is
satisfied about the seniority, adherence to the
roster and the qualification.
11. Writ Petition is accordingly disposed of. No
costs.
[R. N. LADDHA, J.] [S. V. GANGAPURWALA, J.]
marathe
