Bombay High Court
Somanath Mukesh Mahajan vs The State Of Maharashtra Through ... on 20 September, 2021
Bench: S.V. Gangapurwala, R. N. Laddha
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
79 WRIT PETITION NO.10318 OF 2021
SOMANATH MUKESH MAHAJAN .. Petitioner
VERSUS
THE STATE OF MAHARASHTRA
THROUGH ITS PRINCIPAL SECRETARY
AND OTHERS .. Respondents
...
Mr Ramesh I. Wakade, Advocate for the Petitioner
Mr S.P. Tiwari, AGP for Respondent Nos.1 to 3
...
CORAM : S. V. GANGAPURWALA
AND
R.N. LADDHA, JJ.
DATE : 20-09-2021
PER COURT : -
1. The proposal seeking approval to the transfer of the petitioner
from unaided to aided post is approved but in a phase wise
grant-in-aid.
2. It is the contention of the petitioner that he has worked on
unaided post for more than six years before transfer to the aided post.
The aided post to which the petitioner is transferred is 100%
grant-in-aid post, for which the approval has to be on 100% grant-in-
aid post.
3. The AGP accepts notice for respondent Nos. 1 to 3.
Gajanan
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4. The petitioner has placed on record the chart 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 :
SERVICE DETAILS OF PETITIONER
Sr On Name of Appointment How many Transfer Approval as
No Today's Employee & Approval years date w.e.f. "Assistant
Board at of "Assistant worked on unaided to Teacher" on
Sr. No. Teacher" on unaided aided 20% grant-in-
unaided basis basis. aid basis
w.e.f. instead of
100% w.e.f.
1. 79 Shri 1.09.2014 06 years, 1.12.2020 01.12.2020
(W.P. No. Somanath 02 months
10318/ S/o Vide & 29 days vide approval
2021) Mukesh approval dtd.
Mahajan order dtd. 21.01.2021
09.02.2015
Page No.24
Page No.20
5. It is submitted that the petitioner has worked on unaided post
for six years and more.
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
petitioner 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 petitioner would
Gajanan
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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 petitioner is transferred on 100% grant-in-aid post
since the date of completion of three years, he shall be considered
on 100% grant-in-aid post. In case the petitioner is transferred on
grant-in-aid post, for example on 60%, then from the date of transfer,
he would be on 60% grant-in-aid post, but if the petitioner, after
having completed three years on unaided post and is transferred on
100% grant-in-aid post, his services will have to be considered on
100% grant-in-post. 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 ans 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
petitioner on aided post and if the petitioner has completed three
years and more on unaided post before he is transferred to aided post
on 100% grant-in-aid post, then respondents - Director of Education
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/ Dy. Director of Education / Education Officer shall consider
grant of approval to the transfer of the petitioner on 100% grant-in-
aid post within a period of six months.
10. Writ Petition is disposed of. No costs.
[ R.N. LADDHA ] [ S. V. GANGAPURWALA ]
JUDGE JUDGE
...
Gajanan
