Bombay High Court
Manisha Bhagwan Payghan vs The State Of Maharashtra And ... on 23 August, 2021
Bench: S.V. Gangapurwala, R. N. Laddha
1 wp 9227.21
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 9227 OF 2021
Manisha Bhagwan Payghan .. Petitioner
Versus
The State of Maharashtra and others .. Respondents
Shri Ramesh I. Wakade, Advocate for the Petitioner.
Shri P. K. Lakhotiya, A.G.P. for Respondent Nos. 1 to 3.
CORAM : S. V. GANGAPURWALA AND
R. N. LADDHA, JJ.
DATE : 23RD AUGUST, 2021.
FINAL ORDER :
. 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.
2. It is the contention of the petitioner that, the petitioner has
worked on unaided post for more than five years before transfer
to the aided post. The aided post to which the petitioner is
transferred is on 100% grant-in-aid for which the approval has to
be on 100% grant-in-aid post.
3. The Assistant Government Pleader waives service for
respondent Nos. 1 to 3.
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4. The petitioner has placed on record the chart giving the
date of appointment on unaided post. The approval granted to
the appointment on unaided post and the date of transfer to the
aided post. The same is reproduced as below :
Sr. Name of Appointment How Transfer Approval
No. Employee and many date w.e.f. as
Approval of years unaided to "Assistant
Assistant worked aided Teacher"
Teacher on on on 20%
unaided unaide grant-in-
basis w.e.f d basis aid basis
instead of
100%
w.e.f.
01. Smt. 27.01.2015 05 02.12.2020 02.12.2020
Manisha Vide Years vide
Bhagwan approval 10 approval
Payghan order dt. months dt.
27.07.2018 and 06 22.12.2020
days
5. It is submitted that, the petitioner has worked on unaided
post for five years and more.
6. We have in our judgment dated 04.07.2019 in Writ Petition
No. 1493 of 2018 with other 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 petitioner as an assistant Teacher from the
date of transfer to the aided post had granted approval on grant-
in-aid in phase-wise manner to the effect that after five years,
the petitioner would be granted approval on 20% grant-in-aid.
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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 petitioner is transferred on 100% grant-in-aid
post since the date of completion of three years, she shall be
considered on 100% grant-in-aid post. In case the petitioner is
transferred on grant-in-aid post, for example on 60%, then from
the date of transfer, she would be on 60% grant-in-aid posts, but
if the petitioner, after having completed three years on unaided
post and is transferred on 100% grant-in-post, her services will
have to be considered on 100% grant-in-post. This aspect has
been ignored by 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 Education Officer is satisfied about approval to
the transfer of the petitioner on aided post and if the petitioner
has completed three years and more on unaided post before she
is transferred to aided post on 100% grant-in-aid, then
respondent/Education Officer shall consider grant of approval to
the transfer of the petitioner on 100% grant-in-aid post within a
period of six months from today.
10. The writ petition accordingly is disposed of. No costs.
[R. N. LADDHA, J.] [S. V. GANGAPURWALA, J.]
bsb/Aug.21
