Bombay High Court
Sudeshna Prabhakar Patil vs The State Of Maharashtra And ... on 4 February, 2021
Bench: S.V. Gangapurwala, Shrikant Dattatray Kulkarni
955-WP-2278-21 (+11)
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 2278 OF 2021
Suvarnamala D/o Prakash Dudhate ... Petitioner.
Versus
The State of Maharashtra and ors. ... Respondents.
....
Mr Ganesh Gadhe, Advocate for the Petitioner.
Mr S.T. Tambe, A.G.P. for Respondent - State.
AND
WRIT PETITION NO. 7176 OF 2020
Hase Smita Subhash ... Petitioner
Versus
The State of Maharashtra and ors. ... Respondents
Mr R.I. Wadade, Advocate for petitioner
Mr S.K. Tambe, A.G.P. for respondent-State
- AND -
WRIT PETITION NO.119 OF 2021
Manohar Shalikrao Borse ... Petitioner
Versus
The State of Maharashtra and ors. ... Respondents
Mr R.I. Wadade, Advocate for petitioner
Mr S.K. Tambe, A.G.P. for respondent-State
- AND -
WRIT PETITION NO. 2338 OF 2021
Kamaji S/o Vitthalrao Jadhav ... Petitioner
Versus
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The State of Maharashtra and ors. ... Respondents
Mr R.I. Wadade, Advocate for petitioner
Mr S.K. Tambe, A.G.P. for respondent-State
- AND -
WRIT PETITION NO. 2373 OF 2021
Dilip Tukaram Jadhav ... Petitioner
Versus
The State of Maharashtra and ors. ... Respondents
Mr R.I. Wadade, Advocate for petitioner
Mr S.K. Tambe, A.G.P. for respondent-State
- AND -
WRIT PETITION NO. 2374 OF 2021
Madhavai Ravindra Raghunath ... Petitioner
Versus
The State of Maharashtra and ors. ... Respondents
Mr R.I. Wadade, Advocate for petitioner
Mr S.K. Tambe, A.G.P. for respondent-State
- AND -
WRIT PETITION NO. 2375 OF 2021
Anilkumar S/o Shivajirao Patil ... Petitioner
Versus
The State of Maharashtra and ors. ... Respondents
Mr R.I. Wadade, Advocate for petitioner
Mr S.K. Tambe, A.G.P. for respondent-State
- AND -
WRIT PETITION NO. 2376 OF 2021
Sudeshna Prabhakar Patil ... Petitioner
Versus
The State of Maharashtra and ors. ... Respondents
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Mr R.I. Wadade, Advocate for petitioner
Mr S.K. Tambe, A.G.P. for respondent-State
- AND -
WRIT PETITION NO. 2377 OF 2021
Manisha D/o Ashok Patil ... Petitioner
Versus
The State of Maharashtra and ors. ... Respondents
Mr R.I. Wadade, Advocate for petitioner
Mr S.K. Tambe, A.G.P. for respondent-State
- AND -
WRIT PETITION NO. 2378 OF 2021
Panjabrao S/o Amulrao Pawar ... Petitioner
Versus
The State of Maharashtra and ors. ... Respondents
Mr R.I. Wadade, Advocate for petitioner
Mr S.K. Tambe, A.G.P. for respondent-State
- AND -
WRIT PETITION NO. 2379 OF 2021
Machindra S/o Sopan Wanve ... Petitioner
Versus
The State of Maharashtra and ors. ... Respondents
Mr R.I. Wadade, Advocate for petitioner
Mr S.K. Tambe, A.G.P. for respondent-State
- AND -
WRIT PETITION NO. 2380 OF 2021
Dipak S/o Prakash Wagh ... Petitioner
Versus
The State of Maharashtra and ors. ... Respondents
Mr R.I. Wadade, Advocate for petitioner
Mr S.K. Tambe, A.G.P. for respondent-State
....
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CORAM : S.V. GANGAPURWALA AND
SHRIKANT D. KULKARNI, JJ.
DATE : 25th January 2021
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. WP No. Name and Date of Date of How many years Transfer Name of the
No. qualification of Appoint- approval worked on unaided date authority
employees ment on basis from un- granted Ap-
unaided aided to proval/order to
basis aided transfer on
20% grant in
aid instead of
100%
1 WP Suvarnamala 26.01.14 24.07.14 5 years, 10 months 29.11.19 21.12.2019
No.2778/ Prakash P.No.10 P.No.11 passed by
21 Dudhate Education
Officer (Sec.)
P.No.18
1A WPST Madhavi 17.07.09 31.10.15 08 years 16.06.17 13.04.2018
No.17227 Ravindra P.No.22 P.No.23 passed by Dy.
/20 Raghunath & 24 Director of
(M.Sc. B.Ed) Education-
2 WPST Hase Smita 15.06.09 31.10.15 10 years 01.04.19 20.11.2019
No.17225 Subhash P.No.22 P.No.23 passed by Dy.
/20 (M.Sc. B.Ed) & 24 Director of
(Chemistry) Education
3 WP Manohar 12.02.13 30.04.13 5 years & 07 22.10.18 17.09.19
NO.119/ Shalikrao P.No.21 months P.No.23 passed by
20 Borse & 22 Education
(B.A.B.Ed & Officer P.No.
M.Ed.) 29 & 30
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4 WPST Panjabrao 01.09.10 27.05.12 05 years & 09 30.12.17 30.01.18
NO.3878/ Amulrao Pawar P.No.19 P.No. 20 months P.No.28 passed by Dy.
21 (M.Com. B.Ed.) & 21 Director of
Education
5 WPST Machindra 01.07.08 28.12.12 08 years & 04 05.07.16 30.11.16
No.3873/ Sopan Wanve P.No.19 years P.No.23 passed by Dy.
21 (B.A. B.Ed.) & 20 Director of
Education
16/18.02.19
passed by Dy.
Director of Ed-
ucation
6 WPST Kamaji 15.06.07 19.05.15 10 years & 06 01.01.18 19.01.19
No.17209 Vitthalrao P.No.24 P.No.25 months passed by Dy.
/20 Jadhav & 26 Director of
(M.Com. B.Ed.) Education
7 WPST Dilip Tukaram 25.06.09 09.06.14 08 years 03.04.17 02.03.19
No.19504 Jadhav P.No.25 P.No.26 passed by
/20 (B.A. B.Ed.) Education
Officer
27.06.19
passed y Dy.
Director of
Education
8 WPST Manisha Ashok 08.01.13 30.12.13 06 years, 06 17.06.19 19.09.19
No.4088/ Patil P.No.19 P.No.20 months & 08 days P.No.22 passed by
21 (B.A. B.Ed) Education
Officer
9 WPST Sudeshna 10.10.13 15.12.15 06 years 01.10.19 30.10.19
No.4091/ Prabhakar Patil P.No.20 P.No.24 passed by
21 (B.Sc. B.Ed.) Education
Officer
10 WPST Dipak Prakash 26.04.13 30.04.13 05 years, 05 01.10.18 13.05.19
No.4125/ Wagh P.No.19 months & 04 days passed by
21 (M.A. B.Ed) Education
Officer
P.No.24
11 WPST Anilkumar 25.06.08 18.01.11 12 years & 07 25.12.18 29.08.19
No.22195 Shivajirao Patil P.No.10 P.No.12 months P.No.20 passed by Dy.
/20 (B.A.B.Ed.) & 21 Director of
Education
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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 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 com-
pleted 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
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.
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8. Writ Petitions disposed of. No costs
( SHRIKANT D. KULKARNI, J.) ( S.V. GANGAPURWALA, J.)
S.P. Rane
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