Sayyed Nasir Sayyed Munir vs The State Of Maharashtra Thr Its ...
2021 Latest Caselaw 9212 Bom

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             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                          946 WRIT PETITION NO.7640 OF 2021

SAYYED NASIR SAYYED MUNIR                                 .. Petitioner
          VERSUS
THE STATE OF MAHARASHTRA
THR ITS SECRETARY AND OTHERS                   ..Respondents
                                  ...
        Advocate for Petitioner : Mr Chandrakant K. Shinde
         AGP for Respondent Nos.1 & 2 : Mr S.G. Karlekar
                                  ...

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

DATE : 14-07-2021

PER COURT : -

1. We have heard Mr Shinde, learned Advocate for the

petitioner and Mr Karlekar, learned AGP for respondent nos.1 and 2.

2. The learned Advocate for the petitioner submits that, the

petitioner was appointed as an assistant teacher on 10-10-2012 on an

unaided post. The appointment of the petitioner on unaided post is

approved by the Education Officer. On or about 03-01-2018 the

petitioner was transferred to the aided division. The approval has

been granted to the transfer of the petitioner on aided post, but on

20% grant-in-aid. The Education Officer referred to the Circular

dated 28-06-2016.

Gajanan

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3. This Court in its Judgment and order dated 04-07-2019

in Writ Petition No.1493 of 2018 with connected writ petitions held

that, some of the clauses of Circular dated 28-06-2016 would not

apply. It was held that, if assistant teacher has rendered service for

more than three years on unaided post and thereafter transferred to

the aided post then his services are to be considered as an assistant

teacher on aided post and if the transfer is on 100% grant-in-aid post,

the approval needs to be granted on 100% grant-in-aid. Of course, if

all other criteria are satisfied.

4. In the present case, the petitioner has rendered service of

more than 5 years on the unaided post before being transferred to the

aided post.

5. In light of that, if the petitioner was transferred to the

100% grant-in-aid post, ought to have been granted approval of

100% grant-in-aid post.

6. The impugned order to the extent of granting approval

to the petitioner for his transfer to the aided post is set aside to the

extent of 20% grant-in-aid.

Gajanan

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7. The Education Officer shall confirm that the transfer of

the petitioner is on 100% grant-in-aid post and if he satisfied that the

transfer of the petitioner is on 100% grant-in-aid post, then shall

grant approval to the petitioner on 100% grant-in-aid post from the

date of the transfer of the petitioner to the aided post.

8. The same shall be done expeditiously and preferably

within four months.

9. Writ Petition is disposed of. No costs.

     [ R.N. LADDHA ]                             [ S. V. GANGAPURWALA ]
         JUDGE                                            JUDGE
                                         ...




Gajanan