Murlidhar Ramkishan Gundre And ... vs The State Of Maharashtra And ...
2021 Latest Caselaw 8860 Bom

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        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   BENCH AT AURANGABAD

                      WRIT PETITION NO. 7395 OF 2021

          Murlidhar Ramkishan Gundre
          and others                                        ..   Petitioners

                   Versus

          The State of Maharashtra and another              ..   Respondents

 Shri Irfan D. Maniyar, Advocate for Petitioners.
 Shri P. G. Borade, A.G.P. for Respondent Nos. 1 and 2.

                           CORAM :    S. V. GANGAPURWALA AND
                                      R. N. LADDHA, JJ.

DATE : 07TH JULY, 2021.

FINAL ORDER :

. The petitioners are aggrieved by the order of approval granted to them upon their transfers to aided posts on 20% grant in aid. According to the learned counsel for petitioners, the approval ought to have been on 100% grant in aid posts.

2. We have also heard the learned Assistant Government Pleader for respondent Nos. 1 and 2.

3. The details of each petitioner regarding date of appointment on unaided post, date of approval on unaided post, transfer on aided post are as under :

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Name           of Date     of Approval Permanent Transfer            Approval
Petitioner        Appointme on unaided approval   on   aided         on   aided
                  nt      on           on unaided post               post    on
                  unaided                                            20% grant
                  post
Murlidhar          30.06.2013 04.03.2014 13.01.2016 28.02.2020 11.12.2020
Ramkishan
Gundare

Usha Bapurao 30.06.2013 04.03.2014 13.01.2016 28.02.2020 11.12.2020 Ghungare Suresh Arun 30.06.2013 04.03.2014 13.01.2016 28.02.2020 11.12.2020 Puri Bhaghyashree 30.06.2013 04.03.2014 13.01.2016 28.02.2020 11.12.2020 Khushalrao Mundhe

4. The aforesaid chart would show that before transfers to the aided posts, the petitioners have worked for almost six and half years on unaided posts. This Court in its judgment and order dated 04th July, 2019 in Writ Petition No. 1493 of 2018 with other connected writ petitions has held that, if an employee is transferred on 100% grant in aid post after discharging his duties on unaided post for more than three years, he is entitled to be granted approval as an assistant teacher on 100% grant in aid post.

5. In the light of the above, the impugned order to the extent of granting approval to the transfers of the petitioners on 20% grant in aid is quashed and set aside. The Education Officer shall verify the posts on which the petitioners are transferred, are on 100% grant in aid and if he satisfies that all the petitioners are transferred on 100% grant in aid posts, then approval shall be granted to the transfers of the petitioners on

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100% grant in aid, aided divisions.

6. We have passed this order because approval has been granted by the Education Officer to the transfers of the petitioner on 20% grant in aid thereby the Education Officer is satisfied with the seniority, roster, qualification of the petitioners.

7. The aforesaid exercise shall be done expeditiously and preferably within a period of four (04) months from today. The writ petition is disposed of. No costs.

[R. N. LADDHA, J.] [S. V. GANGAPURWALA, J.]

bsb/July 21