Sonali Gulabrao Patil And Others vs The State Of Maharashtra And ...
2021 Latest Caselaw 13070 Bom

                                                           1                                    wp 8237.2021

                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              BENCH AT AURANGABAD

                              128 WRIT PETITION NO.8237 OF 2021

                           SONALI GULABRAO PATIL AND OTHERS
                                        VERSUS
                         THE STATE OF MAHARASHTRA AND OTHERS
                                          ...
                    Advocate for Petitioners: Mr. Panpatte V. S.
                  AGP for Respondents No. 1&2: Mrs. G. L. Deshpande
                                          ...

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

                                                DATE:          14th SEPTEMBER, 2021

                PER COURT:

                1.       Mr.        Panpatte,                  learned        Advocate            for       the

petitioners has placed on record the Chart showing the date of appointment of the petitioners on unaided posts, the date of approval to the appointment on unaided posts, the date of transfer to the aided posts. The same is reproduced below- W.P. Name of Date of Date of Date of Name of the petitioner(s) is No. Petitioner(s) Appointment Approval Transfer Authority relied upon the w.e.f. w.e.f. granted judgment and orders approval to transfer 8237/ 1. Sonali d/o 15.06.2012 16.08.2014 01.11.2014 26.07.2018 1) WP No. 7011/16 2021 Gulabrao Patil (P. No. 51, (1 to 3)

2. Abhiman s/o 15.06.2013 16.08.2014 16.06.2014 53 & 55) 2) WP No. 5258/12 Ramesh Patil Education (4 to 6)

3. Varsha d/o 15.06.2013 27.12.2013 01.07.2015 Officer 3) WP 2960/2012 (07 Jayant Mahajan (Sec.) to 11) (P.NO. 30 (P.No. 36 (P. No. 42 (on 4) WP 11065/2014 to 32) to 38) to 44) Honorarium (12 to 18) of Rs.

8,000/-)

2. According to the learned Advocate for the petitioners, the petitioners are transferred prior

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to the Circular dated 28.06.2016. In view of that, it is not necessary for the petitioners to complete 3 years on unaided posts so as to be granted approval as an Assistant Teachers on aided posts. The learned Advocate submits that various orders are passed by this Court granting the approval as Assistant Teachers upon being transferred from unaided to aided posts irrespective of number of years they have put in on unaided posts.

3. We have heard the learned A.G.P.

4. The approval has been granted to the petitioners upon their transfer to the aided posts from unaided posts, however, as Shikshan Sevaks from the date of the transfer.

5. We have under Judgment and order dated 04.07.2019 in Writ Petition No. 1493 of 2018 with connected writ petitions observed that upon completion of 3 years on unaided posts the employees are required to be approved as Assistant Teachers on 100% grant-in-aid, if they are transferred on 100% grant-in-aid posts.

6. In light of the above, the impugned orders to the extent of granting approval as Shikshan Sevaks from the date of their transfer to the aided posts are set aside. The respondent shall grant approval

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to the transfer of the petitioners on aided posts considering the services rendered by the petitioners on their unaided posts. For illustration, if the petitioner completes 2 years of service on the unaided post, then he / she would be granted approval as Shikshan Sevak on aided post for a period of 1 year and thereafter as Assistant Teacher.

7. The Education Officer shall reconsider the same and pass appropriate orders preferably within a period of four (04) months.

8. Writ Petition accordingly stands disposed of. No costs.

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

marathe