Devrao Venkatrao Sonkamble vs State Of Maharashtra And Others
2021 Latest Caselaw 4032 Bom

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                          WRIT PETITION NO. 4002 OF 2021

 Devrao Venkatrao Sonkamble                                      .. Petitioner

          Versus

 The State of Maharashtra and others                             .. Respondents

 Mr. M. D. Narwadkar, Advocate for the Petitioner.
 Mr. S. K. Tambe, AGP for Respondent Nos. 1 and 2.

                               CORAM :    S. V. GANGAPURWALA &
                                          SHRIKANT D. KULKARNI, JJ.

DATED : 04th March, 2021.

PER COURT:-

. The learned counsel for the petitioner submits that the petitioner

has worked on unaided post for more than three years. Upon the post

becoming vacant on grant in aid, the petitioner is transferred to the

grant in aid post. The approval has been granted to the transfer of the

petitioner on the aided post, but on 20% grant in aid. The learned

counsel further submits that after having worked for more than three

years on unaided post, the approval ought to have been granted on

100% grant in aid. The learned counsel relies on the judgment of this

Court in Writ Petition No. 1493 of 2018 with connected writ petitions

dated 04.07.2019.

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2. We have also heard the learned A.G.P. for respondent Nos. 1

and 2.

3. It appears that the appointment of the petitioner on unaided post

is approved. The petitioner is transferred to the aided post after

working on unaided post for more than three years. In case, the

petitioner is transferred on 100% grant in aid post, then in such

circumstance, the approval has to be granted on 100% grant in aid.

Under judgment and order dated 04.07.2019 in Writ Petition No. 1493

of 2018 with connected writ petitions, we have held that some of the

clauses of circular dated 28.06.2016 do not apply.

4. 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 shall after confirming that the petitioner has completed three

years of service on unaided post before transfer to the aided post and

the aided post is on 100% grant in aid, then the Education Officer shall

grant approval to the petitioner on 100% grant in aid from the date of

his transfer. The said exercise shall be done within a period of four (04)

months from today.

5. Writ petition accordingly is disposed of. No costs.

 ( SHRIKANT D. KULKARNI )                          ( S. V. GANGAPURWALA )
         JUDGE                                               JUDGE
 P.S.B.


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