Bombay High Court
Ajay Sudhakar Chaudhari vs The State Of Maharashtra And ... on 28 October, 2021
Bench: S.V. Gangapurwala, R. N. Laddha
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 12080 OF 2021
Kurban Bhikari Tadavi .. Petitioner
Versus
The State of Maharashtra and others .. Respondents
Mr. Jitendra V. Patil, Advocate for the Petitioner.
Mr. P. K. Lakhotiya, AGP for Respondent Nos. 1 to 3.
AND
WRIT PETITION NO. 12106 OF 2021
Charulata Ashok Ingale .. Petitioner
Versus
The State of Maharashtra and others .. Respondents
Mr. Jitendra V. Patil, Advocate for the Petitioner.
Mr. S. P. Tiwari, AGP for Respondent Nos. 1 to 3.
AND
WRIT PETITION NO. 12165 OF 2021
Ajay Sudhakar Chaudhari .. Petitioner
Versus
The State of Maharashtra and others .. Respondents
Mr. Jitendra V. Patil, Advocate for the Petitioner.
Mr. K. N. Lokhande, AGP for Respondent Nos. 1 to 3.
CORAM : S. V. GANGAPURWALA &
R. N. LADDHA, JJ.
DATED : 28th October, 2021.
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PER COURT:-
. The authority has granted approval to the transfers of the
petitioners from unaided to aided posts, however, in a phase-wise grant
in aid manner.
2. According to the learned counsel for the petitioners, the services
rendered by the petitioners on unaided posts are not considered.
3. The learned A.G.P. appears for respondent Nos. 1 to 3 and
supports the order passed by the authority.
4. The details of the date of appointment of the petitioners on
unaided posts, date of approval on unaided posts and the date of
approval to the aided posts are detailed as under :
Sr. Writ Petition No. Name of the Date of Date of Transfer Date Date of How
No. Petitioner/ Appointment Approval from Unaided Approval many
Employee on Unaided (Unaided) to Aided (Aided) years
basis worked
on
Unaide-
d basis
1 WP/12080/2021 Kurban Bhikari 07/02/2012 25/04/2013 01/02/2021 04/03/2021 8 years
Tadavi (Page No. 15) (Page No. 16) (Page No. 18) (Page No. 19) 11
months
2 WP/12106/2021 Charulata Ashok 07/02/2012 25/04/2013 01/02/2021 04/03/2021 8 years
Ingale (Page No. 15) (Page No. 16) (Page No. 18) (Page No. 19) 11
months
3 WP/12165/2021 Ajay Sudhakar 07/02/2013 25/04/2013 01/02/2021 04/03/2021 7 years
Chaudhari (Page No. 15) (Page No. 16) (Page No. 18) (Page No. 19) 11
months
5. It would appear that all these petitioners have rendered services
of more than five years on unaided posts prior to the transfers to the
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aided posts. The transfers of the petitioners to the aided posts are prior
to the amendment to rule 41-A of the Maharashtra Employees of
Private Schools (Conditions of Service) Rules, 1981. Rule 41-A has
been amended on 08.06.2021.
6. We had in our judgment and order dated 14.07.2019 in Writ
Petition No. 1493 of 2018 with other connected writ petitions observed
that some of the clauses of the circular dated 28.06.2016 are
erroneous. The services of the petitioners rendered on unaided posts
are required to be considered. As all these petitioners have rendered
services for more than five years on unaided posts and if they are
transferred on 100% grant in posts, then their approval ought to have
been granted on 100% grant in aid posts.
7. In the light of the above, the impugned order to the extent of
granting approval in a phase-wise manner is set aside. The authority
shall verify the transfers of the petitioners on 100% grant in aid posts
and if the authority is satisfied that, the petitioners have been
transferred on 100% grant in aid posts after rendering services for
more than five years on unaided posts, then the authority shall grant
approval on 100% grant in aid posts from the date of transfers to the
aided posts.
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8. We have passed this order as the authority has approved the
transfers of the petitioners on aided posts thereby confirming that the
seniority, roster has been followed and the petitioners possess the
necessary qualification.
9. The aforesaid exercise shall be done preferably within a period of
four (04) months from today.
10. Writ petitions are disposed of. No costs.
( R. N. LADDHA ) ( S. V. GANGAPURWALA )
JUDGE JUDGE
P.S.B.
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