Bombay High Court
Manisha Amogsidh Kasture And Anr vs The State Of Maharashtra And Anr on 22 December, 2021
Bench: R.D. Dhanuka, R. N. Laddha
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 8985 OF 2021
Ms. Manisha Amogsidh Kasture & Anr. ... Petitioners.
V/s.
The State of Maharashtra & Anr. ... Respondents.
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WITH
WRIT PETITION NO. 8986 OF 2021
Shubhangi Dnyaneshwar Mane & Anr. ... Petitioners.
V/s.
The State of Maharashtra & Anr. ... Respondents.
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Mr. Narendra V. Bandiwadekar, Advocate a/with Vinayak R. Kumbhar
i/by Mrs. Ashwini Navjyot Bandiwadekar, Advocate for the Petitioners
in both the Petitions.
Mr. N. K. Rajpurohit, AGP for the State/ Respondent Nos. 1 and 2 in
both the Petitions.
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CORAM : R.D. DHANUKA & R.N. LADDHA, JJ.
DATE : DECEMBER 22, 2021.
P.C. :
1 Rule. In both the petitions, Mr. Rajpurohit, learned AGP
waives service of Rule on behalf of the State / Respondent Nos. 1 & 2.
2 By consent of the parties, both the Petitions are finally
Digitally signed
SHALIKRAM
PRALHADRAO
by SHALIKRAM
PRALHADRAO
BOREY
heard together and disposed of by this common order.
BOREY Date: 2021.12.23
16:46:46 +0530
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3 By these Petitions filed under Article 226 of the
Constitution of India, the Petitioners seek orders or directions to quash
and set aside the impugned orders dated 26.07.2021 issued by the
Respondent No. 2, refusing to grant approval to the transfer of the
Petitioner No. 1 in both the petitions, from un-aided post to aided post
in the School of the Petitioner No. 2 -Management with effect from 01 st
June, 2020 and to release the grant in-aid for payment of monthly
honorarium to the Petitioner No. 1 in both the Petitions from the date
of transfer together with all arrears.
4 Mr Bandiwadekar, learned counsel appearing for the
Petitioners in both the Petitions invited our attention to respective
impugned orders dated 26.07.2021, rejecting the proposal of the
Petitioners on the ground that both the respective Petitioner No.1 in the
Petitions have not completed five years of service on un-aided posts
to be transferred them to the aided posts in the School. He invited our
attention to Rule 41-A inserted in the Maharashtra Employees Private
Schools (Conditions of Service) (Amendment) Rules, 2020
(hereinafter referred to as the "amended Rules" for short) published in
the Maharashtra Government Gazette on 8th June, 2020 and submits
that both the Petitioners were transferred prior to the said amended
Rules came into effect. He relied upon the Judgment of this Court
delivered on 7th October, 2021 in the case of Sudhakar s/o Shripati
Gandhale & Ors. vs. State of Maharashtra in Writ Petition No. 6447
of 2021 alongwith Writ Petition No. 6450 of 2021. He submits that the
said Rule 41-A inserted with effect from 8th June, 2020 would not apply
to the transfer of the Petitioners already effected on 01 st June, 2020
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from unaided posts to the aided posts. This Court in the said order/
judgment dated 7th October, 2021, after construing the amended Rules
41-A & B of the MEPS Rules, held that the Government Notification
did not apply with retrospective effect. In our view, the said
Government Notification will apply with prospective effect and not
retrospective effect. The impugned orders of the Respondent No. 2 are
contrary to the principles of law laid down by this Court in the said
case of Sudhakar, cited supra, and deserve to be quashed and set
aside.
5 Learned AGP for the State could not distinguish the said
judgment in the said case of Sudhakar (supra), relied on by the
Petitioners. The ratio of the said judgment applies to the facts of the
present Petitions. We do not propose to take a different view in the
matter. We accordingly pass the following order :
ORDER
(i) Both the Writ Petitions are allowed in terms of prayer
clause (b).
(ii) Respondent No. 2 shall grant approval to the transfer
of the Petitioners from the unaided post to the aided post
with effect from the date of the transfers and release grant -
in-aid to the Management within six weeks from today.
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(iii) Name of the Petitioner No.1 (in both Petitions) shall be
included by the School in grant-in-aid within two weeks
from the date of grant-in-aid order by the Respondent No. 2.
(iv) Rule is made absolute in the aforesaid terms in both the
Petitions.
Parties concerned to act on an authenticated copy of this order
duly issued by the Registry of this Court.
(R.N. LADDHA, J.) (R.D. DHANUKA, J.)
.....
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