Vinod Bhima Shinde vs The State Of Maharashtra And ...
2021 Latest Caselaw 16721 Bom

                                  1                                wp 13289.2021

    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               BENCH AT AURANGABAD

              970 WRIT PETITION NO.13289 OF 2021

                    VINOD BHIMA SHINDE
                           VERSUS
            THE STATE OF MAHARASHTRA AND OTHERS
                             ...
         Advocate for Petitioner: Mr. Gawad Ajit P
           AGP for Respondents: Mr. S. P. Tiwari
                             ...

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

                                  DATE:     02nd DECEMBER, 2021

 PER COURT:

1. The approval is granted to the transfer of

the Petitioner from unaided to aided post,

however, in phase-wise grant-in-aid manner.

2. Heard the learned Counsel for the Petitioner

and the learned A.G.P.

3. It appears that approval has been granted in

phase-wise manner relying on the Circular dated

28.06.2016. This Court under it's Judgment and

Order dated 04.07.2019 in Writ Petition No. 1493

of 2018 with connected writ petition held that

2 wp 13289.2021

some of the clauses of the Circular

dated 28.06.2016 are erroneous.

4. The services rendered on unaided post are

required to be considered.

5. The Petitioner is appointed on unaided post

on 16.06.2014. It is submitted that the approval

is granted to the appointment of the Petitioner on

unaided post. The Petitioner is transferred to the

aided post w.e.f. 14.12.2019 i.e. after rendering

more than 5 years of service on the unaided post.

6. If, the Petitioner is transferred to the

aided post after rendering 5 years of service on

the unaided post and if the transfer is on 100%

grant-in-aid post then, the approval ought to be

on 100% grant-in-aid post.

7. The impugned order to the extent of granting

approval in a phse-wise grant-in-aid manner is set

aside. The Deputy Director of Education shall

confirm for himself transfer of the Petitioner

to 100% grant-in-aid post and if, the Petitioner

3 wp 13289.2021

is transferred on 100% grant-in-aid post then, the

approval be granted on 100% grant-in-aid post from

the date of transfer to the aided post.

8. We have passed the aforesaid order as

approval is granted to the transfer of the

Petitioner from unaided to aided post, meaning

thereby, that the Deputy Director of Education is

convinced about the qualification, seniority and

roster.

9. The aforesaid be considered preferably within

a period of four (04) months.

10. Writ Petition accordingly stands disposed of.

No costs.

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

marathe