Bombay High Court
Tushar Nimba Patil vs The State Of Maharashtra And ... on 14 September, 2021
Bench: S.V. Gangapurwala, R. N. Laddha
(1) 15-17
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
15 WRIT PETITION NO.10104 OF 2021
SHARDA NAMDEV KOLI ..PETITIONER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS
AND
17 WRIT PETITION NO.10106 OF 2021
TUSHAR NIMBA PATIL ..PETITIONER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS
...
Mr. Ramesh I. Wakade, Advocate for the Petitioners.
Ms. G. L. Deshpande, AGP for Respondents-State.
...
CORAM : S. V. GANGAPURWALA &
R. N. LADDHA, JJ.
DATED : 14th SEPTEMBER, 2021.
PER COURT:-
1. The proposal seeking approval to the
transfers of petitioners from unaided to aided post
is approved but in a phase wise grant-in-aid.
2. It is the contention of petitioners that
petitioners have worked on unaided post for more
than five years before transfer to the aided posts.
The aided posts to which the petitioners are
transferred on 100% grant-in-aid for which the
approval has to be on 100% grant-in-aid post.
(2) 15-17
3. The AGP waives service for respondent Nos.
1 to 3.
4. The petitioners have placed on record the
charts giving the date of appointment on unaided
post. The approval granted to the appointment on
unaided and the date of transfer to the aided post.
The same is reproduced as below :
Chart in Writ Petition No.10104 of 2021
Sr. Name of Appointment How many Transfer Approval as
No. Employee & Approval years date "Assistant
of worked on w.e.f. Teacher" on
"Assistant unaided unaided to 20% grant-in-
Teachers" on basis aided aid basis
unaided instead of
basis w.e.f. 100% w.e.f.
1. Smt. 26.04.2013 06 years, 01.01.2020 01.01.2020
Sharda vide 08 months vide approval
Namdev approval & 05 days dated
Koli order dated 27.02.2020.
30.04.2013
Chart in Writ Petition No.10106 of 2021
Sr. Name of Appointment How many Transfer Approval as
No. Employee & Approval years date "Assistant
of worked on w.e.f. Teacher" on
"Assistant unaided unaided to 20% grant-in-
Teachers" on basis aided aid basis
unaided instead of
basis w.e.f. 100% w.e.f.
1. Tushar 17.06.2013 05 years, 01.03.2019 01.03.2019
S/o Nimba vide 08 months vide approval
Patil approval & 13 days dated
order dated 26.06.2020.
30.12.2013
5. It is submitted in all these matters, the
petitioners have worked on unaided posts for five
years and more.
(3) 15-17
6. 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.
7. 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-
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 Officer.
8. In light of above, the impugned order of
granting approval in phase-wise manner is quashed
(4) 15-17
and set aside and modified.
9. In case the Director of Education / Dy.
Director of Education / Education Officer are
satisfied about approval to the transfer of the
petitioners on aided posts and if the petitioners
have completed three years and more on unaided
posts before they are transferred to aided posts on
100% grant-in-aid posts, then respondents -
Director of Education / Dy. Director of Education /
Education Officer shall consider grant of approval
to the transfer of the petitioners on 100% grant-
in-aid posts within a period of six months.
10. Writ Petitions disposed of. No costs.
(R. N. LADDHA) (S. V. GANGAPURWALA)
JUDGE JUDGE
Devendra/September-2021
