Bombay High Court
Deepak Ganeshrao Pethkar vs The State Of Maharashtra And ... on 1 September, 2021
Bench: S.V. Gangapurwala, R. N. Laddha
WP No.9019/21 & Ors.
1
IN THE HIGH COURT AT BOMBAY
APPELLATE SIDE, BENCH AT AURANGABAD
902 WRIT PETITION NO.9019 OF 2021
DEEPAK GANESHRAO PETHKAR
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for Petitioner : Mr. Patil Kalyan V.
AGP for Respondents State : Mr. A.R. Kale
...
903 WRIT PETITION NO.9020 OF 2021
DEEPA BAPURAO JAMKAR
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for Petitioner : Mr. Patil Kalyan V.
AGP for Respondents State : Mr. K.N. Lokhande
...
904 WRIT PETITION NO.9021 OF 2021
GANESH BAJIRAO LUGARE
VERSUS
THE STATE OF MAHARASHTRA THROUGH PRINCIPAL
SECRETARY AND OTHERS
...
Advocate for Petitioner : Mr. Patil Kalyan V.
AGP for Respondents State : Mr. S.P. Tiwari
...
CORAM : S.V. GANGAPURWALA &
R.N. LADDHA, JJ.
DATED : 01/09/2021.
WP No.9019/21 & Ors.
PER COURT :
. The proposals seeking approval to the transfers of the
petitioners from unaided posts to aided posts is approved, but in
phasewise grant-in-aid manner. The petitioners are assailing the
order to the extent of granting approval on unaided manner.
2. The details of the petitioners, their date of
appointment on unaided post, date of approval on unaided post,
date of transfer to the aided post and date of approval order to the
transfer is reproduced hereinunder :-
Board Particulars Date of Date of approval Transfer Total Date of 20%
Sr.No. Appointment order on unaided from service Approval granted
Order basis unaided to on by Dy. Director of
aided unaided education Latur.
basis
1. W.P.No.9021/2 04.09.2012 1st 06.11.2013 1st 02.07.2019 07 years 31.12.2020
021 Ganesh 04.09.2012 2nd w.e.f. 04.09.2012 From w.e.f. 02.07.2019
Bajirao 12.01.2018 2nd unaided to by Education
Lungare w.e.f. 04.09.2014 aided Officer, Z.P.,
V/s. Nanded
The State of
Maharashtra
& Ors.
2. W.P.No.9019/2 01.07.2013 1st 11.11.2013 1st 25.01.2017 04 years 06.03.2019
021 01.07.2015 2nd w.e.f. 01.07.2013 From w.e.f. 25.01.2017
Deepak unaided to by Education
Ganeshrao 02.07.2016 2 nd
aided Officer, Z.P. Nanded
Pethkar w.e.f. 01.07.2015
V/s.
The State of
Maharashtra
& Ors.
WP No.9019/21 & Ors.
3. W.P. No. 05.07.2014 1st 23.02.2017 1st 16.06.2018 04 years 26.06.2020
1920/2021 w.e.f. 05.07.2014 From w.e.f. 16.06.2018
Sow. Deepa 05.07.2016 2nd unaided to by Dy. Director of
Bapurao 23.02.2017 2nd aided Education, Latur,
Jamkar w.e.f. 05.07.2016 Division, Latur
V/s.
The State of
Maharashtra
& Ors.
3. In all these matters, the petitioners have completed
more than three and half years on unaided post before being
transferred to aided posts.
4. If the transfer to the aided post is on 100% grant-in-
aid, then in such circumstances, the approval ought to have been
granted on 100% grant-in-aid post. Moreover, the transfers are
prior to Government Resolution dated 1 st April 2021 and so also
the amendment to section 41 of MEPS Act.
5. We have under the judgment and order dated 4 th of
July 2019 in Writ Petition No.1493 of 2018 with connected writ
petitions observed that some of the clauses of the circular dated
28.6.2016 are erroneous. The Education Officer/Deputy Director
of Education has relied upon the said circular.
6. In the light of above, the impugned order to the extent
of granting approval on phasewise manner is set aside. The
WP No.9019/21 & Ors.
Education officer/Deputy Director of Education shall verify the
transfer of the petitioner on 100% grant in aid post and if he is
satisfied that the post on which the petitioner is transferred is on
100% grant in aid, then approval shall be granted to the petitioner
on 100% grant in aid post.
7. We have passed this order as the approval has been
granted to the transfers of the petitioners to the aided posts
meaning thereby that the Education Officer/Deputy Director of
Education was convinced about seniority, adherance to roaster,
qualification and other aspects. The aforesaid exercise shall be
done preferably within four months.
8. Writ petitions are accordingly disposed of. No costs.
[ R.N. LADDHA, J. ] [S.V. GANGAPURWALA, J.]
ssc/
