Leena Lotan Thakare vs The State Of Maharashtra Thr Its ...
2021 Latest Caselaw 9374 Bom

                                   1                                  wp 7709.2021

    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               BENCH AT AURANGABAD

               968 WRIT PETITION NO.7709 OF 2021

                 LEENA LOTAN THAKARE
                         VERSUS
  THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND
                        ANOTHER
                          ...
     Advocate for Petitioner: Mr. Raje Vikrant P.
    AGP for Respondents No.1&2: Mr. S. G. Karlekar
                          ...

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

                               DATE:    16th JULY, 2021

 PER COURT:

 1.       The        learned       A.G.P.         accepts         notice          for

 respondents no. 1 and 2.


 2.       The       grievance          of   the    petitioner           is      that

approval has been granted to the transfer of the

petitioner from unaided to aided post but in a

phase-wise manner.

3. According to the petitioner, the petitioner

is appointed on unaided post as Assistant Teacher

on 15.06.2012. The appointment on unaided post is

approved under the orders dated 16.11.2013. The

2 wp 7709.2021

petitioner is transferred to aided post

on 31.07.2017. The Deputy Director of Education

has granted approval to the transfer of the

petitioner on 20% grant-in-aid from 2017-2018.

4. The said approval is granted in a phase-wise

manner probably relying upon the Circular

dated 28.06.2016.

5. This Court in it's judgment and order dated

04.07.2019 in Writ Petition No. 1493 of 2018 with

connected writ petitions held that some clauses of

the Circular would not apply.

6. The petitioner has rendered more than 5 years

of service on unaided post before being

transferred to the aided post. In such case, if

the petitioner is transferred on 100% grant-in-aid

post, then her approval ought to be on 100% grant-

in-aid.

7. In light of the above, the impugned order to

the extent of granting approval in phase-wise

manner is set aside. The Deputy Director of

3 wp 7709.2021

Education shall confirm that the transfer of the

petitioner is on 100% grant-in-aid post and if

satisfied shall grant approval to the transfer of

the petitioner on aided post on 100% grant-in-aid.

The same shall be done expeditiously and

preferably within a period of four (04) months.

8. Writ Petition accordingly stands disposed of.

No costs.

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

marathe