Bombay High Court
Bhushan Prabhakar Nikam vs The State Of Maharastra Through ... on 24 August, 2021
Bench: S.V. Gangapurwala, R. N. Laddha
WP No. 9263/21
1
IN THE HIGH COURT AT BOMBAY
APPELLATE SIDE, BENCH AT AURANGABAD
933 WRIT PETITION NO.9263 OF 2021
BHUSHAN PRABHAKAR NIKAM
VERSUS
THE STATE OF MAHARASTRA THROUGH ITS SECRETARY AND
OTHERS
...
Advocate for Petitioner : Ms. Menezes Joslyn A
AGP for Respondents 1 & 2 : Mrs. V.N. Patil Jadhav
...
CORAM : S.V. GANGAPURWALA &
R.N. LADDHA, JJ.
DATED : 24/08/2021.
PER COURT :
. The learned counsel for the petitioners submits that all
these petitioners have worked on unaided posts for more than three
years. Upon the posts becoming vacant on grant in aid, the petitioners
are transferred to the grant in aid posts. The approvals have been
granted to the transfers of the petitioners on the aided posts, but on
20% grant in aid. The learned counsel further submits that after
having worked for more than three years on unaided posts, the
approvals ought to have been granted on 100% grant in aid. The
learned counsel relies on the judgment of this Court in Writ Petition
No. 1493 of 2018 with connected writ petitions dated 04.07.2019.
WP No. 9263/21
2. The chart showing the details of the petitioners are as
under :-
Sr. Petitioner Appointment Approval Exigency Transfer on Approval
No on Unaided aided Post
. Post
1. Bhushan On 1/07/2007 On 20/12/2008 Post fallen On On
Prabhakar in Kai. Sau.G.F. as Junior vacant due 1/08/2015 26/04/2017
Nikam Patil Jr. Lecturer to Kai. Sau. G.F. as Shikshan
College, retirement Patil Jr. Sevak
Shahada as College,
Junior Shahada, as
Lecturer Junior
[M.Sc., B.Ed] Lecturer
2. Tarsing On 1/09/2012 On 24/12/2012 Post fallen On On
Bharatsin in Sheth V.K. as Asst. Teacher vacant due 1/06/2018 28/05/2018
g Pawara Shah Vidya to in Sarvoday as Shikshan
Mandir as retirement Vidya Sevak
Asst. Teacher Mandir,
[B.A., B.Ed] Shahada,
Taluka
Shahad as
Asst. Teacher
3. We have also heard the learned A.G.P. for respondent Nos.
1 and 2.
4. It appears that the appointments of the petitioners on unaided
posts are approved. The petitioners are transferred to the aided posts
after working on unaided posts for more than three years. In case, the
petitioners are transferred on 100% grant in aid posts, then in such
circumstance, the approvals have to be granted on 100% grant in aid.
Under judgment and order dated 04.07.2019 in Writ Petition No. 1493
WP No. 9263/21
of 2018 with connected writ petitions, we have held that some of the
clauses of circular dated 28.06.2016 do not apply.
5. In the light of the above, the impugned order to the extent
of grant approval in a phase wise manner is set aside. If the Education
Officer satisfies that the petitioners have completed three years of
service on unaided posts, then the Education Officer shall grant
approval to the petitioners on 100% grant in aid from the date of their
transfers. The said exercise shall be done within a period of four (04)
months from today.
6. Writ petition accordingly is disposed of. No costs.
[ R.N. LADDHA, J.] [S.V. GANGAPURWALA, J.]
ssc/
