Shital Sambhajirao Shirsath vs The State Of Maharashtra And ...
2021 Latest Caselaw 17732 Bom

                                      (1)                              988-wp-14459-2021



          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD
                WRIT PETITION NO.14459 OF 2021

 SHITAL SAMBHAJIRAO SHIRSATH                                     ..PETITIONER

                  VERSUS

 THE STATE OF MAHARASHTRA AND ANOTHER ..RESPONDENTS
                         ...
 Mr.   Nitin   K.   Chaudhari,  Advocate    for   the
 Petitioner.
 Mr. P. S. Patil, AGP for Respondents-State.
                                            ...

                                CORAM : S. V. GANGAPURWALA &
                                        S. G. DIGE, JJ.

DATED : 21st 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 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.

                                        (2)                                      988-wp-14459-2021



 5.               The       Petitioner                is    appointed            on      unaided
 post       on      22.07.2013.              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.         01.04.2018

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 3 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 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.

(3) 988-wp-14459-2021

10. Writ Petition accordingly stands disposed of. No costs.

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


 Devendra/December-2021