Ankush Shripatrao Suryawanshi vs The State Of Maharashtra And ...
2021 Latest Caselaw 8461 Bom

                                        (1)                   wp6939.21.odt




           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD

                   960 WRIT PETITION NO.6939 OF 2021

                 ANKUSH SHRIPATRAO SURYAWANSHI
                              VERSUS
               THE STATE OF MAHARASHTRA AND OTHERS

Mr. V. S. Panpatte, Advocate for the petitioner
Mr. K. N. Lokhande, AGP for the respondent/State.

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

DATED : 25-06-2021 PER COURT :-

1. At the request of learned counsel for the petitioner leave

to amend prayer clause is granted.

2. The learned counsel for the petitioner submits that the

appointment of the petitioner on unaided post was approved with

effect from 01/02/2008. The petitioner was transferred to the aided

post with effect from 15/06/2016 on 100% grant-in-aid post, still

the approval is granted on 20% grant-in-aid post in the year 2016.

The same is illegal.

3. The learned A.G.P. Accepts notice for respondent Nos. 1

and 2.

4. We have also heard the learned A.G.P. for respondent

Nos. 1 and 2.

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5. The respondent No. 2 relied upon the circular dated

28/06/2016 while granting approval to the transfer of the petitioner

from unaided to aided post. We have in our judgment and order

dated 04/07/2019 in Writ Petition No. 1493 of 2018 with other

connected matters held that some of the clauses of the circular

dated 28/06/2016 do not apply.

6. In case, the petitioner is transferred to 100% grant-in-

aid post after rendering three years or more service on unaided

post, then his transfer ought to be considered on 100% grant-in-aid

post.

7. In the light of the above, the impugned order is quashed

and set aside. The Deputy Director of Education shall consider that

if the petitioner is transferred to 100% grant-in-aid post after

rendering three years and more service on unaided post, then

approval shall be granted on 100% grant-in-aid post. The same

shall be done expeditiously and preferably within a period of six

(06) months from today.

8. Writ petition is disposed of. No costs.

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


ssp/wp6939.21.odt