Bombay High Court
Dashrath Govinda Salunkhe vs The State Of Maharashtra And ... on 3 August, 2021
Bench: S.V. Gangapurwala, R. N. Laddha
919WP8258
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
919 WRIT PETITION NO. 8258 OF 2021
AMOL PRABHAKAR PATIL AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
AND
922 WRIT PETITION NO.8261 OF 2021
DASHRATH GOVINDA SALUNKHE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
AND
930 WRIT PETITION NO.8285 OF 2021
YOGITA KRUSHNADAS AHIRE
VERSUS
THE STATE OF MAHARASHTRA THR ITS PRINCIPAL SECRETARY
AND OTHERS
Advocate for Petitioners : Mr. R.I. Wakade.
AGP for Respondent Nos. 1 to 3 in WP/8258/21 : Mr. A.R. Kale.
AGP for Respondent Nos. 1 to 4 in WP/8261/21 : Mr. S.P. Tiwari.
AGP for Respondent Nos. 1 to 3 in WP/8285/21 :
Mrs. V.N. Patil-Jadhav.
CORAM : S.V. GANGAPURWALA &
R.N. LADDHA, JJ.
DATED : 03.08.2021
PER COURT :
The proposal seeking approval to the transfer of the petitioner
from unaided to aided post is approved but in a phase wise grant-in-
aid.
919WP8258
2. It is the contention of the petitioners that the petitioners have
worked on unaided post for more than five years before transfer to
the aided posts. The aided posts to which the petitioners are
transferred on 100% grant-in-aid for which the approval has to be on
100% grant-in-aid post.
3. The AGP waives service for respondent Nos. 1 to 3.
4. The petitioners have placed on record the charts giving the date
of appointment on unaided post. The approval granted to the
appointment on unaided and the date of transfer to the aided post.
The same is reproduced as below :
Chart in Writ Petition No. 8258 of 2021
Sr. W.P. Name and Date of Date of How Transfer Name of
No. No. qualification appoint- approval many date from the
of employee ment on on years unaided authority
unaided unaided wor- to aided granted
basis basis ked w.e.f. approval/
on order to
unai- transfer
ded on 20%
basis grant-in-
aid
instead of
100%
1. Shri. Amol 01.12.12 14.08.13 08 01.03.20 26.05.20
Prabhakar Years passed by
Patil Education
(B.A.B.Ed.) Officer
Open (Sec.),
Zilla
Parishad,
Jalgaon.
919WP8258
2. Shri. Gopal 01.12.12 14.08.13 05 01.08.18 31.08.18
Kaduba Years passed by
Chaudhari Education
(B.Sc. B.Ed.) Officer
Open (Sec.),
Zilla
Parishad,
Jalgaon.
Chart in Writ Petition No. 8261 of 2021
Sr. Name and Approval How many Transfer Approval
No. Qualification of of years date w.e.f. as
Petitioner/Employee "Assistant worked on "Assistant
Teacher" unaided Teacher on
on basis. 20% Grant-
unaided in-aid i.e.
basis Aided basis
w.e.f. w.e.f.
1. Dashrath S/o. Approval 07 - years 29.06.20 Approval
Govinda Salunkhe vide & 11 - vide order
(B.A., B.Ed-English) order dt. Days dt.
Belongs to S.T. 12.08.13 17.08.20
Category w.e.f. w.e.f.
17.06.13 29.06.20
Chart in Writ Petition No. 8285 of 2021
Sr. WP Name and Date of Date of How Transfer Name of
No. /St. qualification appoint Approval many date the
No. of employee ment on on years from authority
unaided unaided worked unaided granted
basis basis on to aided Approval/
unaide w.e.f. order to
d basis transfer
on 20%
grant-in-
aid
instead of
100%
1. Smt. Yogita 01.01.04 16.03.11 16 01.07.20 12.11.20
Krushnadas Years passed by
919WP8258
Ahire & Education
(H.S.C.D.Ed.) 06 Officer
Months (Sec.),
Zilla
Parishad,
Jalgaon.
5. It is submitted in all these matters, the petitioners have worked
on unaided posts for four years and more.
6. We have in our judgment dated 4.7.2019 in Writ Petition No.
1493 of 2018 with connected Writ Petitions held that some of the
clauses of the Circular dated 28.6.2016 do not apply. It appears that
the Education Officer, while granting approval to the appointment of
petitioners as an assistant Teacher from the date of transfer to the
aided posts had granted approval on grant-in-aid in phase-wise
manner to the effect that after five years, the petitioners would be
granted approval on 20% grant-in-aid. The same would not be in
tune with the order passed by this Court from time to time at this
Bench and also at principal seat.
7. In case the petitioners are transferred on 100% grant-in-aid
posts since the date of completion of three years, they shall be
considered on 100% grant-in-aid posts. In case the petitioners are
transferred on grant-in-aid posts, for example on 60%, then from the
date of transfer, they would be on 60% grant-in-aid posts, but if the
919WP8258
petitioners, after having completed three years on unaided posts and
are transferred on 100% grant-in-posts, their services will have to be
considered on 100% grant-in-posts. This aspect has been ignored by
the Director of Education / Dy. Director of Education / Education
Officer.
8. In light of above, the impugned order of granting approval in
phase-wise manner is quashed ans set aside and modified.
9. In case the Director of Education / Dy. Director of Education /
Education Officer are satisfied about approval to the transfer of the
petitioners on aided posts and if the petitioners have completed three
years and more on unaided posts before they are transferred to aided
posts on 100% grant-in-aid posts, then respondents - Director of
Education / Dy. Director of Education / Education Officer shall
consider grant of approval to the transfer of the petitioners on 100%
grant-in-aid posts within a period of six months.
10. Writ Petitions disposed of. No costs.
( R.N. LADDHA, J. ) ( S.V. GANGAPURWALA, J. )
S.P.C.
