Madhav Damodhar Baikare vs The State Of Maharashtra Thr Its ...
2021 Latest Caselaw 9494 Bom

                                   .. 1 ..                  WP.7846.2021

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                           83 WRIT PETITION NO.7846 OF 2021

MADHAV DAMODHAR BAIKARE                                .. Petitioner
     VERSUS
THE STATE OF MAHARASHTRA
THR ITS SECRETARY AND OTHERS                      .. Respondents
                                  ...
        Advocate for Petitioner : Mr Chandrakant K. Shinde
          AGP for Respondents / State : Mr P.G. Borade
                                  ...

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

DATE : 19-07-2021

PER COURT : -

1. It is contended that, the petitioner is appointed on

unaided post as Higher Secondary Teacher under appointment order

dated 06-07-2011. The services of the petitioner on unaided post are

approved. The petitioner is transferred to the aided post on

28-07-2017. The approval is granted to the transfer of the petitioner

on the aided post, but in phase-wise grant-in-aid manner. The

learned Counsel submits that, the same is illegal. The approval ought

to have been granted on 100% grant-in-aid as the petitioner is

worked for more than six years on unaided post.

2. The factual matrix appears to be as a matter of record.

Gajanan



                                    .. 2 ..                       WP.7846.2021

After working for more than 6 years, the petitioner is transferred to

the aided post on 25-07-2017.

3. The approval in phase-wise manner is granted probably

relying upon the Circular dated 28-06-2016.

4. This Court in Writ Petition No.1493 of 2018 with

connected writ petitions under the Judgment and order dated

04-07-2019 held that, 'in case the petitioner worked for three years

and more on the unaided post and thereafter transferred to the 100%

grant-in-aid post, then the approval ought to have been granted on

100% grant-in-aid post.'

5. In light of the above, the impugned order to the extent of

granting approval in phase-wise manner is set aside.

6. The Respondent - Divisional Deputy Director of

Education shall satisfy himself about the transfer of the petitioner on

100% grant-in-aid post. If the petitioner is transferred on 100%

grant-in-aid post, then the approval needs to be granted to the

petitioner on 100% grant-in-aid post. The same shall be done,

preferably, within a period of four months.

Gajanan



                                    .. 3 ..                        WP.7846.2021

7. Writ Petition is accordingly disposed of. No costs.

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




Gajanan