Bombay High Court
Deshmukh Supriya Appasaheb vs The State Of Maharashtra Through ... on 4 October, 2021
Bench: S.V. Gangapurwala, R. N. Laddha
1 42 WP.11045.2021.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
42 WRIT PETITION NO.11045 OF 2021
SMT. DESHMUKH SUPRIYA APPASAHEB
VERSUS
THE STATE OF MAHARASHTRA
THROUGH ITS SECRETARY AND OTHERS
...
Advocate for Petitioner : Mr. Shivaji T. Shelke.
AGP for Respondent/State: Mr. S. B. Pulkundwar.
Advocate for Respondent Nos.3 & 4 : Mr. S. S. Wagh.
...
CORAM : S. V. GANGAPURWALA &
R. N. LADDHA, JJ.
DATE : 04th October, 2021.
P.C.:
. The petitioner is transferred from unaided to aided post.
2. The learned Counsel for the petitioner has placed on record the
chart showing the date of initial appointment on unaided post, the date
of approval to the appointment on unaided post, the date of transfer to
the aided post and the approval granted to the transfer on the unaided
post. The same is reproduced hereunder:
Dt. of Dt. of approval Worked on Dt. of Dt. of
appointment on on unaided unaided post transfer on approval on
unaided post post aided post aided post
12.6.2010 29.10.2015 7 years 15.06.2017 27.06.2017
2 42 WP.11045.2021.odt
3. It is submitted that in the present matter, the petitioner has
worked on unaided post for seven years.
4. We have in our judgment dated 4.7.2019 in Writ Petition
No.1493 of 2018 with connected Writ Petitions held that some of the
clauses of the Circular dated 28.6.2016 do not apply. It appears that
the Education Officer, while granting approval to the appointment of
petitioners as an Assistant Teacher from the date of transfer to the
aided posts had granted approval on grant-in-aid in phase-wise
manner to the effect that after five years, the petitioners would be
granted approval on 20% grant-in-aid. The same would not be in tune
with the order passed by this Court from time to time at this Bench and
also at principal seat.
5. In case the petitioners are transferred on 100% grant-in-aid
posts since the date of completion of three years, they shall be
considered on 100% grant-in-aid posts. In case the petitioners are
transferred on grant-in-aid posts, for example on 60%, then from the
date of transfer, they would be on 60% grant-in-aid posts, but if the
petitioners, after having completed three years on unaided posts and
are transferred on 100% grant-in-aid posts, their services will have to
be considered on 100% grant-in-posts. This aspect has been ignored
by the Director of Education / Dy. Director of Education / Education
3 42 WP.11045.2021.odt
Officer.
6. In light of above, the impugned order of granting approval in
phase-wise manner is quashed and set aside and modified.
7. In case the Director of Education / Dy. Director of Education /
Education Officer are satisfied about approval to the transfer of the
petitioner on aided post and if the petitioner has completed three years
and more on unaided post before she is transferred to aided post on
100% grant-in-aid post, then respondents - Director of Education / Dy.
Director of Education / Education Officer shall consider grant of
approval to the transfer of the petitioner on 100% grant-in-aid post
within a period of six months.
8. Writ Petition disposed of. No costs.
[ R. N. LADDHA, J. ] [ S. V. GANGAPURWALA, J. ]
nga
