Bombay High Court
Vinod Ramprasad Shinde And ... vs The State Of Maharashtra And ... on 23 March, 2022
Bench: R.D. Dhanuka, S. G. Mehare
938 to 940 judg.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.3328 OF 2022
1. Vijendra s/o Uddhavrao Dhapse
Age : 34 years, Occu : Service as
Assistant Teacher, R/o. Selu,
Tq. Selu, Dist. Parbhani.
2. Prashant s/o Subhasrao Naik,
Age : 37 years, Occu : Service as
Assistant Teacher, R/o. : Selu,
Tq. Selu, Dist. Parbhani. ...Petitioners
Versus
1. The State of Maharashtra
Through its Principal Secretary,
School Education Department,
Mantralaya, Mumbai - 32.
2. The Education Officer (Secondary),
Zilla Parishad, Parbhani.
3. Nutan Vidyalaya Shikshan Sanstha,
Parbhani, Tq. & Dist. Parbhani,
Through its Principal/Secretary.
4. Nutan Vidyalaya Selu,
Tq. Selu, Dist. Parbhani,
Through its Head Master. ...Respondents
AND
1. WRIT PETITION NO.3331 OF 2022
1. Sunita d/o Baburao Dahiphale
Age : 42 years, Occu : Service as
Assistant Teacher,
R/o. Shri Ram Colony, Selu,
Tq. Selu, Dist. Parbhani.
2. Shubhangi d/o Diwakar Ganjapurkar,
Age : 41 years, Occu : Service as
Assistant Teacher,
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R/o. Vidyanagar, Selu,
Tq. Selu, Dist. Parbhani.
3. Varsha d/o Dattatrykadam,
Age : 39 years, Occu : Service as
Assistant Teacher,
R/o. Vidyanagar, Lecturer Colony,
Selu, Tq. Selu, Dist. Parbhani. ...Petitioners
Versus
1. The State of Maharashtra
Through its Principal Secretary,
School Education Department,
Mantralaya, Mumbai - 32.
2. The Education Officer (Secondary),
Zilla Parishad, Parbhani.
3. Nutan Vidyalaya Shikshan Sanstha,
Parbhani, Tq. & Dist. Parbhani,
Through its Secretary.
4. Nutan Vidyalaya Selu,
Tq. Selu, Dist. Parbhani,
Through its Head Master. ...Respondents
AND
WRIT PETITION NO.3333 OF 2022
1. Vinod s/o Ramprasad Shinde
Age : 39 years, Occu : Service as
Assistant Teacher, R/o. Selu,
Tq. Selu, Dist. Parbhani.
2. Shrikant s/o Dattatraya Newarekar,
Age : 38 years, Occu : Service as
Assistant Teacher, R/o. : Selu,
Tq. Selu, Dist. Parbhani. ...Petitioners
Versus
1. The State of Maharashtra
Through its Principal Secretary,
School Education Department,
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Mantralaya, Mumbai - 32.
2. The Education Officer (Secondary),
Zilla Parishad, Parbhani.
3. Nutan Vidyalaya Shikshan Sanstha,
Parbhani, Tq. & Dist. Parbhani,
Through its Principal/Secretary.
4. Nutan Vidyalaya Selu,
Tq. Selu, Dist. Parbhani,
Through its Head Master. ...Respondents
...
Mr. V.S. Panpatte, Advocate for Petitioners.
Mr. D.R. Kale, GP for Respondent/State.
Mr. Irfan D. Maniyar, Advocate for Respondent Nos.3 & 4.
...
CORAM : R.D. DHANUKA &
S.G. MEHARE, J.J.
DATED : 23rd MARCH, 2022
ORAL JUDGMENT (PER R.D. DHANUKA, J.) :-
1. Rule. Rule made returnable forthwith. Mr. Kale, learned
Government Pleader waives service on behalf of respondent nos. 1
and 2. Learned counsel Mr. Maniyar waives service on behalf of
respondent nos.3 and 4.
2. By consent of the parties, all these three petitions were
heard together and are being disposed off by a common order.
3. The petitioners have impugned order dated 18.04.2018
passed by respondent no.2, Education Officer (Secondary), Zilla
Parishad, Parbhani and seek modification of the said order by
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directing the Education Officer to grant approval to the petitioners on
100% grant-in-aid basis with effect from 16.07.2016 and 15.07.2017
as Assistant Teacher in regular pay scale instead of granting it on
consolidate salary. The petitioners also seek a writ of mandamus
against respondent nos.1 and 2 to grant pay scale with effect from
15.07.2020 and 12.07.2019 for modifying the order dated 09.03.2020
and 19.01.2021.
4. The date of approval of each of these petitioners, date of
transfer and date of the impugned order are set out herein :
W.P. No. Name of Date of Date of Name of the Authority
Petitioner(s) Approval Transfer granted approval to
w.e.f. transfer
3328/22 P-1 Vijendra 03.07.2015 22.09.2017 18.04.2018
Uddhavrao (P.No.34) (P.No.39 & (P.No.47)
Dhapse 06.03.2017 42) Res. No.2 - Education
P-2 Prashant (P.No.36) Officer (Sec.)
Subhasrao Naik
3331/22 P-1 Sunita 03.07.2015 22.09.2017 46
Baburao (P.No.34) (P-38 to 43)
Dahifale 31.03.2017
P-2 Shubhangi
Diwakar
Gangapurkar
P-3 Varsha
Dattatry Kadam
3333/22 P-1 Vinod 01.02.2017 22.09.2017 46
Ramprasad (P-35) (P-38 to 41)
Shinde
P-2 Shrikant
Dattatray
Newarekar
5. Mr. Panpatte, the learned counsel for the petitioners
invited our attention to the order dated 12.03.2021 passed by a
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Division Bench of this Court directing the respondents to grant
approval to all those petitioners as Assistant Teacher on 100% grant-
in-aid and to pay regular pay scales in case of Sandhya D/o.
Balkrushna Teli and Others Vs. The State of Maharashtra and Others
in Writ Petition (Stamp) No.93919 of 2020.
6. The learned counsel also invited our attention to the
judgment of the Division Bench of this Court delivered on 26.09.2021
in Writ Petition No.5657 of 2021 in case of Satish S/o Venkarrao
Yelkar and Others Vs. The State of Maharashtra and Others and
would submit that the said judgment would squarely apply to the
facts of this case. It is submitted that the respondent nos.3 and 4
schools have been granted 100% grant-in-aid for the post on which
each of these petitioners have been transferred from unaided division
to aided division on various dates mentioned above and thus the
respondent no.2 could not have sanctioned salary of the petitioners
on consolidated pay of Rs.8,500/- per month and ought to have paid
the salary payable on the basis of appointment made on the 100%
grant-in-aid post.
7. The learned Government Pleader could not distinguish
the judgment of this Court in case of Satish S/o Venkarrao Yelkar
(Supra). This Court in the said judgment after adverting to various
judgments has held that the petitioners having completed the service
as Assistant Teachers on unaided post in the college run by the
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respondents therein are entitled to be transferred to the aided post
under the provisions of the MEPS Rules and entitled to be paid the
salary payable on the basis of 100% grant-in-aid.
8. In our view, the principles laid down by this Court in case
of Satish S/o Venkarrao Yelkar (Supra) would squarely apply to the
facts of these cases. We accordingly pass the following order:
ORDER
I) All these writ petitions are allowed in terms of prayer clause
(C), (D) and (E).
II) Rule is made absolute in the aforesaid terms. No order as to
costs.
III) Parties to act on the authenticated copy of this order.
(S.G. MEHARE. J.) (R.D. DHANUKA, J.)
Mujaheed//
