Umesh Prakash Patil And Others vs The State Of Maharashtra And ...
2021 Latest Caselaw 4044 Bom

                                    1              905-wp 3993-2021.odt



               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                       905 WRIT PETITION NO. 3993 OF 2021

 Shri Umesh Prakash Patil
 and others                                                     .. Petitioners

          Versus

 The State of Maharashtra and others                            .. Respondents

 Mr. V. P. Raje, Advocate h/f Hemakshi H. Jad, Advocate for the
 Petitioners.
 Mr. S. K. Tambe, AGP for Respondent Nos. 1 and 2.

                       947 WRIT PETITION NO. 4054 OF 2021

 Megha Bharat Patil
 and another                                                    .. Petitioners

          Versus

 The State of Maharashtra and others                            .. Respondents

 Mr. V. P. Raje, Advocate h/f Hemakshi H. Jad, Advocate for the
 Petitioners.
 Mr. S. R. Yadav-Lonikar, 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 petitioners submits that all these

petitioners have worked on unaided posts for more than three years.

Upon the posts becoming vacant on grant in aid, the petitioners are

1 of 3

2 905-wp 3993-2021.odt

transferred to the grant in aid posts. The approvals have been granted

to the transfers of the petitioners on the aided posts, but on 20% grant

in aid. The learned counsel further submits that after having worked

for more than three years on unaided posts, the approvals 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.

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

and 2.

3. It appears that the appointments of the petitioners on unaided

posts are approved. The petitioners are transferred to the aided posts

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

petitioners are transferred on 100% grant in aid posts, then in such

circumstance, the approvals have 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

grant approval in a phase wise manner is set aside. If the Education

Officer satisfies that the petitioners have completed three years of

2 of 3

3 905-wp 3993-2021.odt

service on unaided posts, then the Education Officer shall grant

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

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

months from today.

5. Writ petitions accordingly are disposed of. No costs.

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




 P.S.B.




                                                                              3 of 3