Jayshri Dinkar Patil vs The State Of Maharashtra And ...
2021 Latest Caselaw 9900 Bom

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                          WRIT PETITION NO. 6620 OF 2021

 Jayshri Dinkar Patil                                            .. Petitioner

          Versus

 The State of Maharashtra and others                             .. Respondents
 Mr. Paresh B. Patil (Borse), Advocate for the Petitioner.
 Mr. P. G. Borade, AGP for Respondent Nos. 1 to 4.
 Mr. M. D. Gitte, Advocate for Respondent No. 5.

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

DATED : 28th JULY, 2021.

PER COURT:-

. The petitioner was appointed as an Assistant Teacher on unaided

post on or about 15.06.2014. The appointment of the petitioner on

unaided post is approved by the Education Officer. The petitioner is

transferred to the aided post on 01.08.2020. The approval is granted to

the transfer of the petitioner on aided post, however, in a phase wise

manner in view of the circular dated 28.06.2016. The same is assailed

in the present writ petition.

2. We have heard the learned counsel for the petitioner, the learned

A.G.P. for respondent Nos. 1 to 4 and Mr. Gitte, learned counsel for

respondent No. 5.

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3. This Court under its judgment and order dated 04.07.2019 in

Writ Petition No. 1493 of 2019 with other connected writ petitions has

observed that, some of the clauses of the circular dated 28.06.2016 are

erroneous.

4. In the aforesaid judgment this Court has held that, if employee is

working for three years and more on unaided post and thereafter

transferred to the 100% aided post, then approval ought to be granted

on 100% grant in aid post, of course after satisfying all other criterias.

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

granting approval in a phase wise manner is set aside. The Education

Officer (Secondary), Zilla Parishad, Jalgaon shall verify the transfer of

the petitioner on aided post and, if, it is satisfied that the transfer of the

petitioner is on 100% grant in aid post and the petitioner has worked

for more than three years on unaided post shall approve the transfer of

the petitioner on 100% grant in aid post.

6. We have passed this order as the Education Officer has approved

the transfer of the petitioner on aided post, meaning thereby, the

Education Officer has satisfied about the qualification, seniority and the

roaster.

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7. The aforesaid exercise shall be done expeditiously and preferably

within a period of four (04) months from today.

8. In view of the above, writ petition is disposed of. No costs.

 ( R. N. LADDHA )                               ( S. V. GANGAPURWALA )
      JUDGE                                               JUDGE




 P.S.B.




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