Bombay High Court
Shrikant Digambar Alewad vs The State Of Maharashtra Through ... on 17 August, 2021
Bench: S.V. Gangapurwala, R. N. Laddha
1 72-wp 8955-2021.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 8955 OF 2021
Shrikant Digambar Alewad
Age : 41 years, Occu. : Service,
R/o : Shivaji Vidyalaya, CIDCO,
Nanded, Tq. & Dist. Nanded .. Petitioner
Versus
1. The State of Maharashtra
Through Principal Secretary,
School Education Department,
Maharashtra 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
Mr. Vikram S. Kadam, Advocate for the Petitioner.
Mr. S. K. Tambe, AGP for Respondent Nos. 1 to 4.
CORAM : S. V. GANGAPURWALA &
R. N. LADDHA, JJ.
DATED : 17th AUGUST, 2021.
ORAL JUDGMENT (PER S. V. GANGAPURWALA, J. ) :-
. Rule. Rule made returnable forthwith. With the consent of
parties, taken up for final hearing.
1 of 3
::: Uploaded on - 20/08/2021 ::: Downloaded on - 07/10/2021 20:23:56 :::
2 72-wp 8955-2021.odt
2. The learned AGP accepts notice of Rule for all Respondents.
3. We have heard the learned counsel for petitioner and the learned
AGP for the respondents.
4. Petitioner claims to have been appointed on unaided post on
01st February, 2013. The petitioner is transferred to the aided post on
14th September, 2019. The proposal seeking approval to the transfer of
the petitioner from unaided to aided post is approved, however, on
20% grant-in-aid post. The grievance of the petitioner is that the
petitioner is transferred on 100% grant-in-aid post and his 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 04 th July, 2019 in
Writ Petition No.1493 of 2018 with other 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 28 th June,
2 of 3
::: Uploaded on - 20/08/2021 ::: Downloaded on - 07/10/2021 20:23:56 :::
3 72-wp 8955-2021.odt
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 satisfied that the
petitioner has worked for three years or more on unaided post before
being transferred to the aided post and is 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 and preferably
within a period of four (04) months from today.
IV. Rule is accordingly made absolute in above terms. No costs.
( R. N. LADDHA ) ( S. V. GANGAPURWALA )
JUDGE JUDGE
P.S.B.
3 of 3
