Datta Govindrao Pawar And Others vs The State Of Maharashtra And ...
2021 Latest Caselaw 10445 Bom

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                                                        973 Writ Petition 8482 of 2021.odt




            THE HIGH COURT OF JUDICATURE AT BOMBAY,
                     BENCH AT AURANGABAD.


                       WRIT PETITION NO.8482 OF 2021


1.     Datta s/o Govindrao Pawar,
       Age: 41 years, Occu.: Services,

2.     Anusaya Baburao Ayanele,
       Age: 43 years, Occu.: Services,

3.     Neema Shridharrao Kadam,
       Age: 29 years, Occu.: Services,

       All R/o: Shivaji Vidyalaya, CIDCO,
       Nanded, Tq. & Dist. Nanded.                 ... PETITIONERS


               VERSUS


1.     The State of Maharashtra,
       Through Principal Secretary,
       School Education Department,
       Mantralaya State, Mantralaya,
       Mumbai-32

2.     Director of Education (Secondary),
       Maharashtra State,
       Pune.

3.     Deputy Director of Education (Secondary),
       Latur Division, Latur.

4.     Education Officer (Secondary),
       Zilla Parishad, Nanded,
       Tq. & Dist. Nanded.                         ... RESPONDENTS




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                                                             973 Writ Petition 8482 of 2021.odt


                                 ...
Mr. Vikram S. Kadam, Advocate for Petitioners.
Mr. A. R. Kale, AGP for Respondents/State.
                                 ...



                                   CORAM : S. V. GANGAPURWALA &
                                           R. N. LADDHA, JJ.
                                   DATE     :   05th August, 2021.



ORAL JUDGMENT: ( Per S. V. Gangapurwala, J. )


.                 Rule. Rule made returnable forthwith.



2                 The learned AGP accepts notice of Rule for all

Respondents.



3                 We have heard the learned counsel for petitioners and the

learned AGP for the respondents.



4                 Petitioner Nos.1 and 2 claimed to have been appointed on

unaided post on 1st February, 2013 and Petitioner No.3 on 1 st August,

2013. Petitioner No.1 is transferred to the aided post on 11 th July,

2019 and Petitioner Nos.2 and 3 are transferred to the aided post on

14th September, 2019. The proposal seeking approval to the transfer

of the petitioners from unaided to aided post is approved, however, on

20% grant-in-aid post. The grievance of the petitioners is that the



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                                                              973 Writ Petition 8482 of 2021.odt


petitioners are transferred on 100% grant-in-aid post and their

approval ought to have been on 100% grant-in-aid.



5                 The Education Officer while passing the order granting

approval in phase wise manner, has relied upon the circular dated 28 th

June, 2016.



6                 This Court in its judgment and order dated 4 th July, 2019 in

Writ Petition No.1493 of 2018 with connected writ petitions, has

observed that if the employee has worked for three years or more on

unaided post before his transfer to the aided post and if his transfer is on

100% grant-in-aid post, then the approval ought to be granted on 100%

grant-in-aid.         This Court in the said judgment and order has also

considered that some of the clauses of the circular dated 28th June, 2016

are erroneous.



7                 In light of the above, we pass the following order:


                                    ORDER

I. The impugned order to the extent of granting approval on 20% grant-in-aid, is quashed and set aside.

II. The Education Officer upon verification if he is

973 Writ Petition 8482 of 2021.odt

satisfied that the petitioners have worked for three years or more on unaided post before being transferred to the aided post and are transferred to 100% grant-in-aid post, then approval ought to be granted on 100% grant-in-aid.

III. The said exercise shall be done expeditiously, preferably within four months.

IV. Rule is accordingly made absolute. No costs.

[ R. N. LADDHA, J. ] [ S. V. GANGAPURWALA, J. ] nga