M. Jayshree Bhalchandra And ... vs The State Of Maharashtra And ...
2021 Latest Caselaw 1865 Bom

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             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                      934 WRIT PETITION NO.1609 OF 2021

                  M. JAYSHREE BHALCHANDRA AND OTHERS
                                 VERSUS
                 THE STATE OF MAHARASHTRA AND OTHERS
                                   ...

                                          AND

                      957 WRIT PETITION NO.1632 OF 2021

                     SACHINKUMAR VIJAY MENKUDALE
                                VERSUS
                 THE STATE OF MAHARASHTRA AND OTHERS
                                  ...

              Advocate for the Petitioners : Shri V. H. Dighe
             AGP for Respondent - State : Shri K. N. Lokhande
             Advocate for Respondent No. 3 : Shri S. S. Wagh
                                              ...

                               CORAM :    S. V. GANGAPURWALA &
                                          SHRIKANT D. KULKARNI, JJ.

                               DATE :     28th JANUARY, 2021

                                    ...
PER COURT :

1.   The      proposal         seeking    approval   to   the      transfer       of     the

petitioners from unaided to aided is granted but on 20% grant-in-

aid posts.

2. According to the learned counsel for the petitioners, the

petitioners were transferred to the aided posts after serving more

2 934.odt

than three years on the unaided post. The posts on which they

were transferred to 100% grant-in-aid posts, as such they ought to

have been granted approval on 100% grant-in-aid posts instead of

20% on grant-in-aid posts.

3. The learned AGP supports the order.

4. The approval has been granted by the Education Officer to the

transfer of the petitioners from unaided to aided posts but on 20%

of grant-in-aid posts.

5. In case the posts on which the petitioners are transferred to

the aided posts are on 100% grant-in-aid then they ought to have

been granted approval on 100% instead of 20% grant-in-aid, as the

petitioners have completed more than five years on the unaided

post. The Education Officer ought to have considered the judgment

of this Court dated 4th July 2019 in Writ Petition No. 1493/2018 with

connected Writ Petitions.

6. The impugned order is set aside to the extent of granting

approval on 20% grant-in-aid. The Education Officer shall re

consider their proposal and if the posts on which the petitioners are

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transferred are admissible for 100% grant-in-aid then the approval

to that effect be granted. The same should be done within four

months.

7. Writ Petitions are disposed of. No costs.

(SHRIKANT D. KULKARNI, J.) (S. V. GANGAPURWALA, J.)

shp/-