Sonali Bhimrao More And Others vs The State Of Maharashtra And ...
2021 Latest Caselaw 4675 Bom

                                    1                    40-WP-4557-2021

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                         WRIT PETITION NO. 4557 OF 2021


Sonali D/o Bhimrao More and others                         ...Petitioners

             Versus

The State of Maharashtra and others                        ...Respondents


Mr A.N. Nagargoje, Advocate for Petitioners
Mr A.R. Kale, AGP for Respondent Nos. 1 and 2


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

                                 DATE     : 15th MARCH, 2021

 PER COURT :

1. The approval is granted to the transfer of the petitioners on

unaided to aided post on 20 % grant-in-aid post.

2. We have heard the learned counsel for the petitioners and the

learned Assistant Government Pleader for Respondent Nos. 1 and 2.

3. According to the petitioners, the petitioners are appointed in the

year 2013 and they are transferred to the aided posts in the year 2017 and

2018 after completing more than three years of service on the unaided

post.

4. In case, the petitioners are transferred on 100 % grant-in-aid

posts after putting in more than three years of service on unaided post,

then their services are required to be approved on 100 % grant-in-aid post.

2 40-WP-4557-2021

5. We had under our Judgment and order dated 4 th July, 2019 in

writ petition No. 1493 of 2018 with other connected writ petitions observed

the said fact and further held that some of the clauses of Circular dated

28th June, 2016 do not apply.

6. In view of that, the impugned order to the extent of granting

approval on 20 % grant-in-aid is quashed and set aside.

7. The Education Officer (Secondary) shall consider that if the

petitioners have rendered the service of more than three years on

unaided post and are transferred to 100 % grant-in-aid post, then the

approval is required to be granted on 100% grant-in-aid post.

8. The aforesaid aspect be considered and the orders shall be

passed afresh preferably within a period of four months from today.

9. The writ petition is disposed of. No costs.

[ SHRIKANT D. KULKARNI, J. ] [ S.V. GANGAPURWALA, J. ]

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