Sachin Sudhakar Baviskar vs The State Of Maharashtra And ...
2021 Latest Caselaw 17660 Bom

                                        1                          44-WP-14339-21.odt



              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                          WRIT PETITION NO.14339 OF 2021

                        SACHIN SUDHAKAR BAVISKAR
                                     VERSUS
                 THE STATE OF MAHARASHTRA AND OTHERS
                                        ...
                 Advocate for Petitioner : Mr. Vinod Prakash Patil
                 AGP for Respondent Nos 1 to 4 : Mr. S.K. Tambe
                                        ...
                                   CORAM : S. V. GANGAPURWALA AND
                                                S. G. DIGE, JJ.

                                    DATE    : 20th DECEMBER, 2021

PER COURT :-

1. The petitioner is appointed on unaided post as Assistant Teacher

on 01-09-2014. The petitioner was transferred to the aided post

on 30-05-2019. The transfer of the petitioner is approved, however in

phase-wise grant-in-aid manner.

2. We have heard the learned counsel for the petitioner and learned

A.G.P. for respondent nos.1 to 4.

3. The issue is no longer res integra in view of the judgment and

order dated 04-07-2019 in Writ Petition No.1493/2018 with other

connected writ petitions. In the said judgment, we have held that some

of the Clauses of the Circular dated 28-06-2016 are erroneous.

4. The appointment of the petitioner on unaided post is also

approved. The petitioner has worked more than three years on unaided

2 44-WP-14339-21.odt

post before being transferred on aided post. In that event, if the

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

ought to have been granted on 100% grant-in-aid and not phase-wise

manner.

5. In light of that, impugned order to the extent of granting approval

in phase-wise manner is quashed and set aside.

6. In case, the petitioner is transferred on 100% grant-in-aid post

after completing more than three years of service, then transfer ought to

be on 100% grant-in-aid. The proposal shall be decided afresh in view of

the aforesaid observations preferably within a period of four (04)

months.

7. We have passed this order in view of the fact that, the transfer of

the petitioner to the aided post is approved, meaning thereby that,

Education Officer is convinced about the seniority, roster and

qualification of the petitioner.

8. Writ Petition is disposed of. No costs.

 ( S.G. DIGE )                                    ( S.V. GANGAPURWALA )
     JUDGE                                                JUDGE


mtk