Pandharinath Bhagwat Sherkar And ... vs The State Of Maharashtra And ...
2022 Latest Caselaw 338 Bom

                                 1                                 wp 5879.2020

    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               BENCH AT AURANGABAD

               104 WRIT PETITION NO.5879 OF 2020
                             WITH
                 CA/8439/2021 IN WP/5879/2020

         PANDHARINATH BHAGWAT SHERKAR AND ANOTHER
                           VERSUS
            THE STATE OF MAHARASHTRA AND OTHERS
                             ...
       Advocate for Petitioners: Mr. V. S. Panpatte
      AGP for Respondents No. 1&2: Mr. S. K. Tambe
             Advocate for Respondents No. 3&4:
                      Mr. I. D. Maniyar
                             ...

                                CORAM:        S. V. GANGAPURWALA &
                                              S. G. DIGE, JJ.

                                DATE:         10th JANUARY, 2022

 PER COURT:

1. The learned Counsel for the Petitioners

submits that both these Petitioners are appointed

on the unaided posts as Assistant Teacher on

14.06.2001. Their appointments on unaided posts

are approved by the Authority under it's order

dated 16.12.2008. The Petitioner No. 1 is

transferred to the aided post on 12.06.2017 and

Petitioner No. 2 is transferred to the aided post

on 15.06.2018. Their proposals seeking approval to

the transfer of the Petitioners from unaided to

2 wp 5879.2020

aided posts are approved but in a phase-wise

grant-in-aid manner from the date of their

transfer.

2. We have also heard the learned A.G.P. for

Respondents No. 1 and 2.

3. It appears that the present Petitioners

have also filed earlier Writ Petitions bearing no.

4266 of 2018 and 8254 of 2018 respectively. The

same were decided under the common Judgment dated

04.07.2019 with other connected Writ Petitions.

Under the said Judgment, the orders rejecting the

proposals were set aside and the Respondent /

Education Officer was directed to re-consider the

said proposals in light of the Judgment delivered.

4. Subsequently, the proposals are approved,

however, in a phase-wise grant-in-aid manner.

5. This Court under it's Judgment and Order

dated 04.07.2019 in Writ Petition No. 1493 of 2018

with connected Writ Petitions has observed

that some of the clauses of the Circular

3 wp 5879.2020

dated 28.06.2016 are erroneous. If the Petitioners

have completed 3 years of service on unaided post

and if thereafter transferred on 100% grant-in-aid

post then, the services are required to be

approved on 100% grant-in-aid post.

6. In light of that, the impugned order to

the extent of granting approval in a phase-wise

grant-in-aid manner is set aside.

7. The Education Officer shall verify the

transfer of the Petitioners on 100% grant-in-aid

posts and if, he is satisfied that the transfer of

the Petitioners was on 100% grant-in-aid posts

then, shall grant approval to the transfer of the

Petitioners since the date of their transfer to

the aided posts on 100% grant-in-aid. The said

exercise shall be done preferably within four (04)

months.

8. We have passed the aforesaid order in

view of the fact that approval has been granted by

the Education Officer to the transfer of the

Petitioners from unaided to aided posts, meaning

4 wp 5879.2020

thereby, that the Education Officer was convinced

about the seniority of the Petitioners, the roster

and the qualification possessed by the

Petitioners.

9. The Writ Petition accordingly stands

disposed of. No costs.

10. In view of disposal of the Writ Petition,

the Civil Application is also disposed of.

[S. G. DIGE, J.] [S. V. GANGAPURWALA, J.]

marathe