Manoj Vasudeo Khadke vs The State Of Maharashtra Through ...
2021 Latest Caselaw 12002 Bom

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                       934 WRIT PETITION NO. 9463 OF 2021

 Manoj Vasudeo Khadke                                           .. Petitioner

          Versus

 The State of Maharashtra and others                            .. Respondents

 Mr. Ganesh Gadhe, Advocate h/f Mr. Jitendra V. Patil, Advocate for the
 Petitioner.
 Mr. S. K. Tambe, AGP for Respondent Nos. 1 to 3.

                       948 WRIT PETITION NO. 9486 OF 2021

 Dipali Pramod Chaudhari
 @ Dipali Prabhakar Kolhe                                       .. Petitioner
          Versus
 The State of Maharashtra and others                            .. Respondents

 Mr. Ganesh Gadhe, Advocate h/f Mr. Jitendra V. Patil, Advocate for the
 Petitioner.
 Mrs. M. A. Deshpande, Addl. G. P. for Respondent Nos. 1 to 3.

                       950 WRIT PETITION NO. 9488 OF 2021

 Hemlata Subhash Chaudhari                                      .. Petitioner
          Versus
 The State of Maharashtra and others                            .. Respondents

 Mr. Ganesh Gadhe, Advocate h/f Mr. Jitendra V. Patil, Advocate for the
 Petitioner.
 Mr. A. R. Kale, AGP for Respondent Nos. 1 to 3.

                               CORAM :   S. V. GANGAPURWALA &
                                         R. N. LADDHA, JJ.

DATED : 27th AUGUST, 2021.

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                 PER COURT:-

1. The petitioners are transferred from unaided to aided posts.

2. The learned Counsel for the petitioners has placed on record the

chart showing the date of initial appointment on unaided posts, the

date of approval to the appointment on unaided posts, the date of

transfer to the aided posts and the approval granted to the transfer on

the unaided posts. The same is reproduced hereunder :

Sr. Writ Petition Name of the Date of Date of How many Transfer Date No. No. Petitioner/Employee Appointment Approval Years from Un-

                                                   on Un-Aided                   Worked on  Aided to
                                                      Basis                      Un-Aided     Aided
                                                                                   Basis
1.    WP/9463/2021 Manoj Vasudev Khadke           03/06/2013      21/03/2014 5 years           15/06/2018
                                                  (Page No. 17)   (Page No. 19)                (Page No. 22)
2.    WP/9486/2021 Dipali w/o Pramod Chaudhari 03/06/2013         21/03/2014 5 years,          13/08/2018
                   @ Dipali d/o Prabhakar Kolhe (Page No. 17)     (Page No. 19) 2 months       (Page No. 22)
3.    WP/9488/2021 Hemlata Subhash Chaudhari      03/06/2013      21/03/2014 7 years,          25/11/2020
                                                  (Page No. 17)   (Page No. 19) 5 months       (Page No. 22)

3. It is submitted that in all these matters, the petitioners have

worked on unaided posts for four years and more.

4. 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

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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.

5. 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 petitioners, after

having completed three years on unaided posts and are transferred on

100% grant-in-aid 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.

6. In light of above, the impugned order of granting approval in

phase-wise manner is quashed and set aside and modified.

7. 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

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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.

8. Writ Petitions are disposed of. No costs

( R. N. LADDHA ) ( S. V. GANGAPURWALA ) JUDGE JUDGE

P.S.B.

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