Smt. Niyati Nilesh Thamake vs The State Of Maharashtra Thr The ...
2022 Latest Caselaw 7197 Bom

                                                                   16.8786.22-wp.docx


                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
         Digitally
         signed by                      CIVIL APPELLATE JURISDICTION
         BASAVRAJ
BASAVRAJ GURAPPA
GURAPPA PATIL
PATIL    Date:                         WRIT PETITION NO.8786 OF 2022
         2022.07.27
         16:10:53
         +0530
                      Niyati Nilesh Thamake                         .....Petitioner

                             Vs.

                      State of Maharashtra & Ors.                   .....Respondent


                      Mr. Prashant Bhavake for the Petitioner
                      Mr. S. B. Kalel, AGP for the State


                                              CORAM:     S.V. GANGAPURWALA &
                                                         MADHAV J. JAMDAR, JJ.

                                              DATED :    JULY 26, 2022

                      P.C.

                      1      The proposal seeking approval to the transfer of the Petitioner

from the unaided to aided post is approved but in phase-wise grant-

in-aid manner.

2 The Petitioner was appointed on unaided post in the year 2011

from OBC category. His appointment on unaided post is approved.

He is transferred to the aided division on 4th November 2019.

3 It is submitted that the Petitioner has worked on unaided post

for seven years.

                      4      We have in our judgment dated 4th July 2019 in Writ Petition


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                                                 16.8786.22-wp.docx

No.1493 of 2018 with connected Writ Petitions held that some of the

clauses of the Circular dated 28th June 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 post had granted approval on grant-in-aid in

phase-wise manner to the effect that after five years, the Petitioner

would be granted approval on 20% grant-in-aid. The same would not

be in tune with the order passed by this Court and also by the Bench

at Aurangabad, from time to time.

5 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,

they 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-aid post. This aspect has been ignored by the Director

of Education / Dy. 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 / Dy. Director of Education /


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Education Officer is 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 Respondent Director of

Education / 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.

8 The Writ Petition is disposed of. No costs.

( MADHAV J. JAMDAR ,J.)                  (S.V. GANGAPURWALA, J.)




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