Jayashri Rangnath Patil vs The State Of Maharashtra And ...
2021 Latest Caselaw 5822 Bom

                                                                                        995
                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            BENCH AT AURANGABAD
                         995 WRIT PETITION NO.5591 OF 2021

                           JAYASHRI RANGNATH PATIL
                                      VERSUS
                    THE STATE OF MAHARASHTRA AND OTHERS
                                         ...
                    Advocate for Petitioner : Mr Girish S. Rane
                  AGP for Respondents State: Mrs V N Patil Jadhav


                                    CORAM   : S. V. GANGAPURWALA &
                                              SHRIKANT D. KULKARNI, JJ.
                                    DATE    : 31st March, 2021.
ORDER:

1. Mr. Rane, the learned counsel submits that the petitioner was

appointed on unaided post on 2nd March, 2013. The said appointment is

approved. Upon vacancy occurring of aided post, the petitioner is

transferred on aided post on 01.08.2020. Proposal seeking approval to

the transfer of the petitioner from unaided to aided post is approved by

the Education Officer but on 20% grant in aid basis.

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

3. It appears that the petitioner was appointed for the first time on

unaided post on 2nd March, 2013. Appointment of the petitioner on

unaided post is approved by the Education Officer. On 01.08.2020, the

petitioner is transferred to the aided post after rendering seven years of

services.

4. We have, in our judgment dated 04.07.2019 in Writ Petition No.

1493/2018 with connected writ petitions, observed that some of the

clauses of Circular dated 28.06.20-16 do not apply. If the petitioner, after

rendering more than three years of service on unaided post is transferred

to 100% grant-in-aid post, then approval has to be granted on 100% grant

in aid post.

5. In light of that the impugned order, to the extent of granting

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

6. The Education Officer shall confirm about the transfer of the

petitioner on 100% grant in aid post and if the petitioner is transferred on

100% grant in aid post, shall grant approval to the petitioner on 100%

grant in aid post from the date of transfer to aided post. The same shall

be done preferably within four months.

7. We have passed the said order in view of the fact that the

Education Officer approved the transfer of the petitioner on aided post,

meaning thereby, the Education Officer has considered all other aspects of

the matter.

8. Writ petition disposed of. No costs.

(SHRIKANT D. KULKARNI, J.) (S.V.GANGAPURWALA, J.)

JPC