Vijeta Uttamrao Bhale vs The State Of Maharashtra And ...
2021 Latest Caselaw 7941 Bom

                                                                          923WP6625.21.odt
                                             1

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         BENCH AT AURANGABAD
                         923 WRIT PETITION NO. 6625 OF 2021

                             VIJETA UTTAMRAO BHALE
                                     VERSUS
                     THE STATE OF MAHARASHTRA AND OTHERS

                          Advocate for Petitioner : Mr. P.S. Dighe.
                         AGP for Respondents : Mr. K.B. Jadhavar.

                                        CORAM :       S. V. GANGAPURWALA &
                                                      M. G. SEWLIKAR, JJ.

                                        DATED :       16.06.2021.

 PER COURT :

 .        Heard Mr. Dighe, the learned Advocate for the petitioner and the

 learned AGP for respondent Nos. 1 to 4.

2. The petitioner is assailing the order giving approval to his

transfer on the aided post to the extent of 40% grant in aid.

3. Mr. Dighe, the learned Advocate for the petitioner submits that

the petitioner was appointed on 01.02.2013 on unaided post. The

appointment has been approved by the Education Officer on

15.09.2020. The petitioner is transferred to the aided post on 100%

grant in aid. Only on the basis of the circular dated 28.06.2016 the

Education Officer has granted the approval on 40% grant in aid.

4. The learned AGP submits that the Education Officer, on the basis

of the circular dated 28.06.2016, has rightly granted the approval.

923WP6625.21.odt

5. It appears that the petitioner is initially appointed on

01.02.2013. His appointment is also approved. Subsequently

permanent approval has been granted to her appointment on unaided

post on 30.12.2017. The petitioner has worked for more than five

years on the unaided post.

6. We have in our judgment dated 04.07.2019, in Writ Petition No.

1493/2018 with connected Writ Petitions held that some of the clauses

of circular dated 28.06.2016 do not apply.

7. In case the petitioner is transferred on 100% grant in aid post

then the petitioner deserves to be granted approval on 100% grant in

aid, in view of the fact that he has already rendered services for almost

seven years on unaided post prior to his transfer to the aided post.

8. In light of the above, the impugned order only to the extent of

granting approval on 40% grant in aid is quashed and set aside. The

Education Officer shall verify that the transfer of the petitioner on

100% grant in aid and thereafter, upon verification, grant approval to

the transfer of the petitioner on aided post on 100% grant in aid. The

same be done preferably within four months.

9. The Writ Petition is disposed of. No costs.

( M. G. SEWLIKAR, J. ) ( S. V. GANGAPURWALA, J. )

923WP6625.21.odt

S.P.C.