Bombay High Court
Gajanan Shankar Patil vs The State Of Maharashtra Thr. ... on 4 August, 2022
Bench: S.V. Gangapurwala, Makarand Subhash Karnik
11. WP 9147.22.doc
Urmila Ingale
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
URMILA
Digitally signed
by URMILA
PRAMOD
CIVIL APPELLATE JURISDICTION
INGALE
PRAMOD Date:
INGALE 2022.08.05
WRIT PETITION NO. 9147 OF 2022
13:08:03
+0530
Shri Amit Vijay Patil .. Petitioner
vs.
The State of Maharashtra and ors. .. Respondents
WITH
WRIT PETITION NO. 9492 OF 2022
(Not on board)
Shri Gajanan Shankar Patil .. Petitioner
vs.
The State of Maharashtra and ors. .. Respondents
WITH
WRIT PETITION NO. 9493 OF 2022
(Not on board)
Smt. Chetna Manohar Korde .. Petitioner
vs.
The State of Maharashtra and ors. .. Respondents
WITH
WRIT PETITION NO. 9494 OF 2022
(Not on board)
Shri Namdev Mahadev Yametkar .. Petitioner
vs.
The State of Maharashtra and ors. .. Respondents
WITH
WRIT PETITION NO. 9504 OF 2022
(Not on board)
Smt. Vaishali Rajendra Ghatage .. Petitioner
vs.
The State of Maharashtra and ors. .. Respondents
1
11. WP 9147.22.doc
------------
Mr. Prashant Bhavake, for petitioner.
Mrs. S.S. Bhende, AGP for State.
------------
CORAM : S. V. GANGAPURWALA &
M. S. KARNIK, JJ.
DATE : AUGUST 4, 2022
P.C. :
1. The petitioners are transferred from unaided to aided
posts.
2. The learned Counsel for the petitioners has placed on
record the chart showing the date of initial appointment on
unaided posts, the date of approval to the appointment on
unaided posts, the date of transfer to the aided posts and
the approval granted to the transfer on the unaided posts.
The same is reproduced hereunder:
Sr. Writ Petition Name of the Date of Date of Date of Period Date & Name of
No. No. Petitioner appointment as approval to transfer on of total the Authority
Asst. Teacher unaided aided post service granting
on Unaided appointment of Asst. on Approval to
Post Teacher Unaide transfer on
d Post partially
grant/Fixed
Honorarium
instead of 100%
Salary
admissible as
per pay scale
1. WP/9147/2022 Amit Vijay Patil 16/06/2008 28/04/2009 01/06/2020 11 24/11/2020
years Respondent No.
11 5-Education
months Officer
15 days
2. WPST/ Namdev 17/06/2013 21/09/2013 01/06/2019 5 years 5/9/2019
19069/2022 Mahadev 11 Respondent No.
Yemetkar months 5-Education
16 days Officer
11. WP 9147.22.doc
3. WPST/ Chetna Manohar 17/06/2013 21/09/2013 15/06/2017 3 years 17/12/2018
19068/2022 Korde 11 Respondent No.
months 5-Education
28 days Officer
4. WPST/ Gajanan Shankar 10/01/2013 25/09/2013 30/06/2016 3 years 27/02/2019
25770/2021 Patil 5 Respondent No.
months 5-Education
20 days Officer
3. It is submitted that in all these matters, the
petitioners have worked on unaided posts for more than
three years.
4. 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.
5. 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-aid posts, their services
11. WP 9147.22.doc
will have to be considered on 100% grant-in-posts. This
aspect has been ignored by the Director of Education /
Education Officer.
6. In light of above, the impugned order of granting
approval in phase-wise manner is quashed and set aside
and modified.
7. In case the 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/ 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.
8. Writ Petitions disposed of. No costs
(M. S. KARNIK, J.) (S. V. GANGAPURWALA, J.)
