Bombay High Court
Dr. Vijay Jayram Ghodvinde And Anr vs The State Of Maharashtra Through ... on 12 February, 2021
Bench: S.C. Gupte, Surendra Pandharinath Tavade
sat 41. wpst 5518-2020.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION (ST) NO. 5518 OF 2020
Dr.Vijay Jayram Ghodvinde & Anr. ...Petitioners
vs.
The State of Maharashtra & Anr.. ...Respondents
Mr.Narendra Bandiwadekar i/b. A.N. Bandiwadekar for Petitioners.
Mr.N.C. Walimbe, AGP for Respondent-State.
CORAM : S.C. GUPTE &
SURENDRA P. TAVADE, JJ.
DATE : 12 FEBRUARY 2021
P.C. :
Heard learned Counsel for the Petitioners and learned AGP or
the Respondent-State.
2 Rule. Rule taken up for hearing forthwith, by consent of
Counsel.
3 The controversy in the present petition concerns approval
granted to the Petitioners' transfer from an unaided post to an aided post of
teacher in the same institution. Though approval was granted to this
transfer, by the impugned order, payment of salary was directed to be made
in stages, that is to say, 20% in the first year (from 1.11.2018 to
31.10.2019), at 40% for the next year (from 1.11.2019 to 31.10.2020), at
the rate of 60% for the third year (1.11.2020 to 31.10.2021), at the rate of
80% for the fourth year (1.11.2021 to 31.10.2022) and at the rate of 100%
Digitally
signed by
Sanskruti Sanskruti A.
Thakur for the fifth year (from 1.11.2022 onwards). This particular staggering
A. Date:
Thakur 2021.02.18
13:52:10
+0530
sat 41. wpst 5518-2020.doc
payment of grant-in-aid was on the basis of Government Resolution dated
28 June 2016.
4 By a judgment delivered by Aurangabad Bench of this court in
the case of Pramod s/o. Prabhakar Pokale vs. State of Maharashtra 1, this
court observed that when there was a vacant post in an aided school, the
institution could transfer senior-most qualified Assistant Teacher working
on unaided post to fill up such vacancy; when the management can legally
transfer Assistant Teacher serving in the unaided school to the aided
school, there was no warrant for applying Sub-clause 5(B) of Clause 3 of
the G.R. of 28 June 2016. The formula/percentage of proportionate salary
to be disbursed by the State Government and the concerned institution in
the manner stated in Sub-clause 5(B) of Clause 3 of this G.R. could be
applied only to those cases where the State Government sanctions new
posts on aided basis and those are to be filled in afresh by giving fresh
appointments on the basis of Shikshan Sevak.
5 Learned AGP is not in a position to dispute that the facts of the
present case are covered by the decision in the case of Pramod s/o.
Prabhakar Pokale. The reply filed by the Respondent-State refers to a
notification of 8 June 2020, which inserts Rule 41A in MEPS Rules. The
new rule inter alia provides that the transferred teacher would be eligible
for scale of pay and allowances as may be decided from time to time. The
transfer and approvals in the present case are prior to this particular
notification and there is no warrant for applying this rule to the Petitioners'
case.
1 2019(4) MhLJ 278
sat 41. wpst 5518-2020.doc
6 Accordingly, Rule is made absolute and the petition is allowed
by quashing and setting aside the condition of staggered payment of grant-
in-aid in the impugned order of approval dated 15 June 2019 and directing
Respondent No.2 to issue a revised order for approval and payment of full
salary in the normal pay scale from 1 November 2018. Respondent No.2
shall release grant-in-aid for payment of salary together with arrears
accordingly. The corrective steps in accordance with this order shall be
taken within eight weeks from today.
7 The petition is disposed of in the above terms.
(SURENDRA P. TAVADE, J.) (S.C. GUPTE, J.)
