Rahul Abhiman Nerpagar And ... vs The State Of Maharashtra And ...
2021 Latest Caselaw 8353 Bom

                                    (1)                                940-wp-6825-2021




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD

                   940 WRIT PETITION NO.6825 OF 2021

 RAHUL ABHIMAN NERPAGAR AND ANOTHER                             ..PETITIONERS

                   VERSUS

 THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS

                                      ...
 Mr. Paresh B.                  Patil (Borse),
                                  Advocate for                                        the
 Petitioners.
 Mr. S. P. Tiwari, AGP for Respondents-State.
                                          ...

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

                                  DATED : 23rd JUNE, 2021.

 PER COURT:-

 1.                The petitioners were appointed on unaided
 posts.             The        petitioner       no.1      was      appointed              on
 unaided post on 14.06.2013 and petitioner no.2 was
 appointed on the unaided post on 14.06.2012.                                       Their
 appointments on unaided posts have been approved.
 The petitioner nos.1 is transferred to the aided
 post         on       01.02.2020         and     petitioner                no.2          is
 transferred             on     aided     post    on      30.04.2020.                 The
 Education            Officer      has        granted      approval            to     the
 transfer, but on phase-wise grant-in-aid.


 2.                We have heard Mr. Patil, learned counsel
 for petitioners and learned A.G.P. for respondent
 nos.1 to 4.



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 3.               The Education Officer has granted approval
 to     the      transfer         of     petitioners            from       unaided           to
 aided        posts        meaning           thereby      that       the      Education
 Officer         was      convinced           about      the     eligibility             and
 qualification of petitioners, so also the roster.
 While         granting          approval           to    the       transfer,            the
 Education Officer has granted transfer on phase-
 wise grant-in-aid, the same is subject matter of
 challenge in the present petition.


 4.               This         Court    in Writ          Petition          No.1493           of
 2018 with connected writ petitions under judgment
 and order dated 04.07.2019 has held that some of
 the Clauses of the circular dated 28.06.2016 do not
 apply.         Clause No.5-B would be one of such Clause.


 5.               If the petitioner is transferred on 100%
 grant-in-aid post after rendering more than three
 years of service, then he has to be considered on
 100%         grant-in-aid.                    In        the       present            case,
 petitioners              have     discharged             their         services             on
 unaided posts for more than seven year.


 6.               In light of that, we pass the following
 order:
                                             ORDER

A. The impugned order to the extent of grant of approval to petitioners in phase-wise grant-in-aid is quashed and set aside.

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 B.       The Education Officer shall confirm that the

posts on which petitioners are transferred are on 100% grant-in-aid and if the Education Officer is satisfied that the posts on which petitioners are transferred are 100% grant-in-aid, then Education Officer shall grant approval to the transfer of petitioners on 100% grant-in-aid. The same shall be done preferably within a period of four (04) months.

7. Writ Petition is disposed of. No costs.

    (M. G. SEWLIKAR)                  (S. V. GANGAPURWALA)
             JUDGE                           JUDGE


 Devendra/June-2021