Ayesha Siddiqua Abdul Fahim vs The State Of Maharashtra And ...
2021 Latest Caselaw 16432 Bom

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    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               BENCH AT AURANGABAD

              1130 WRIT PETITION NO.13015 OF 2021

              AYESHA SIDDIQUA ABDUL FAHIM
                         VERSUS
          THE STATE OF MAHARASHTRA AND OTHERS
                           ...
     Advocate for Petitioner: Mr. Dhage Vivek J.
  AGP for Respondents No. 1 to 3: Mr. S. G. Karlekar
                           ...

                                 CORAM:       S. V. GANGAPURWALA &
                                              R. N. LADDHA, JJ.

                                 DATE:        26th NOVEMBER, 2021

 PER COURT:

1. The proposal seeking approval to the transfer

of the Petitioner from unaided to aided is

allowed, however, in a phase-wise grant-in-aid

manner.

2. Heard the learned Counsel for the Petitioner

and the learned A.G.P. for Respondents No. 1 to 3.

3. The Petitioner is appointed on unaided post

as an Assistant Teacher on 16.08.2013. He is

transferred to the aided post on or about

14.10.2020. The approval is granted to the

transfer of the Petitioner on aided post but on

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40% grant-in-aid. The same appears to have been

granted on the basis of the Circular dated

28.06.2016. This Court under Judgment and order

dated 04.07.2019 in Writ Petition No. 1493 of 2018

with connected writ petitions observed that some

of the clauses of the Circular dated 28.06.2016

are erroneous.

4. In case the Petitioner has rendered service

for more than 3 years on unaided post then, in

that case the said service has to be counted and

if the transfer is on 100% grant-in-aid post then

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

post.

5. The impugned order to the extent of granting

approval in phase wise grant-in-aid manner is set

aside. The Education Officer shall confirm for

himself the transfer of the Petitioner on 100%

grant-in-aid post and if he is satisfied that the

transfer of the Petitioner is on 100% grant-in-aid

post he shall approve the transfer of the

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Petitioner to the aided post on 100% grant-in-aid

post.

6. The said exercise shall be done preferably,

within a period of four (04) months.

7. We have passed the aforesaid order as the

Education Officer has granted approval to the

transfer of the Petitioner, meaning thereby, he

has confirmed seniority, roster, qualification of

the Petitioner and all other aspects.

8. Writ Petition accordingly stands disposed of.

No costs.

[R. N. LADDHA, J.] [S. V. GANGAPURWALA, J.]

marathe