Bombay High Court
Dnyanraj Shivajirao Kadam And ... vs The State Of Maharashtra And ... on 2 September, 2021
Bench: S.V. Gangapurwala, R. N. Laddha
1 wp 9700.21
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 9700 OF 2021
Vijaya Vasantrao Desale .. Petitioner
Versus
The State of Maharashtra and others .. Respondents
Shri V. S. Panpatte, Advocate for the Petitioner.
Shri S. G. Karlekar, A.G.P. for Respondent Nos. 1 and 2.
AND
WRIT PETITION NO. 9703 OF 2021
Dnyanraj Shivajirao Kadam
and another .. Petitioners
Versus
The State of Maharashtra and others .. Respondents
Shri V. S. Panpatte, Advocate for Petitioners.
Shri A. R. Kale, A.G.P. for Respondent Nos. 1 and 2.
AND
WRIT PETITION NO. 9705 OF 2021
Balaji Shivaji Poradwar .. Petitioner
Versus
The State of Maharashtra and others .. Respondents
Shri V. S. Panpatte, Advocate for the Petitioner.
Mrs. Vaishali N. Jadhav-Patil, A.G.P. for Respondent Nos. 1 and
2.
::: Uploaded on - 06/09/2021 ::: Downloaded on - 10/10/2021 15:07:08 :::
2 wp 9700.21
CORAM : S. V. GANGAPURWALA AND
R. N. LADDHA, JJ.
DATE : 02ND SEPTEMBER, 2021.
FINAL ORDER :
. Heard the learned counsel for petitioners and the learned
Assistant Government Pleaders for respondents/State in
respective writ petitions.
2. The petitioners are transferred from unaided to aided
posts. Approvals are also granted to their transfers to aided
posts, but as Shikshan Sevak and on phase wise grant in aid
manner. The transfers of petitioners in Writ Petition No. 9700 of
2021 and Writ Petition No. 9505 of 2021 are approved as
Shikshan Sevaks and the transfers of petitioners in Writ Petition
No. 9703 of 2021 are approved as Assistant Teachers in phase
wise grant in aid manner. The chart showing date of
appointment of the petitioners, date of approval and date of
transfer is thus :
Sr. Writ Name of Date of Date of Date of Approval
No. Petition Petitioner Appointm Approval Transfe granted
No. ent r as
01. 9700 of Vijaya D/o 01.07.12 21.04.17 15.06.17 Shikshan
2021 Vasantrao Sevak
Desale
02. 9703 of Dnyanraj 01.07.13 29.03.14 20.07.19 Assistant
2021 Shivajirao Teacher
Kadam and in Phase
Prakash 01.07.13 19.10.13 20.07.19 wise
Sakharam manner
Khandare
3 wp 9700.21
03. 9705 of Balaji 15.07.13 09.01.14 02.04.18 Shikshan
2021 Shivaji & Sevak
Poradwar 15.12.16
2. The petitioners in all these matters have worked
approximately for five years or so before their transfers to aided
posts. In such a case, as the petitioners have already worked for
five years or more before their transfers on aided posts, approval
to their transfer has to be as Assistant Teachers on 100% grant
in aid post if their transfer is on 100% grant in aid post and not
as Shikshan Sevaks or in phase wise grant in aid manner.
Reference can be had to the judgment of this Court dated 04 th
July, 2019 in Writ Petition No. 1493 of 2018. In the said
judgment, it has been held that some of the clauses of the
circular dated 28.06.2016 are erroneous.
3. In the light of the above, the impugned orders granting
approval to the transfers of the petitioners as Shikshan Sevak
and/or in phase wise grant in aid manner are set aside. The
authorities shall reconsider the proposals and if it is satisfied
that the transfers of the petitioners are on 100% grant in aid
posts, may grant approvals as Assistant Teacher on 100% grant
in aid posts. We have passed the above order as the authorities
have granted approvals to the transfers of the petitioners. So the
authority is satisfied about the qualification, seniority, roster
and eligibility of the petitioners. Said exercise shall be done
expeditiously and preferably within a period of four (04) months
from today.
4 wp 9700.21
4. In the light of the above, the writ petitions are disposed of.
No costs.
[R. N. LADDHA, J.] [S. V. GANGAPURWALA, J.]
bsb/Sept. 21
