Bombay High Court
Gajanan Baswantrao Patil vs The State Of Maharashtra Through Its ... on 1 April, 2025
Author: R.G. Avachat
Bench: R. G. Avachat
2025:BHC-AUG:10988-DB
(1)
36- Writ Petition No. 10943-2022.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 10943 OF 2022
Gajanan s/O Baswantrao Patil,
Age : 39 Years, Occ. Service
as Assistant Teacher, R/o. Dongaon (Bk),
Tq. Biloli, Dist. Nanded. .. Petitioner
VERSUS
1. The State of Maharashtra
Through its Secretary,
School Education Department,
Mantralaya, Mumbai - 32.
2. The Deputy Director of Education,
Latur Division, Latur, Dist. Latur
3. The Education Officer ( Secondary),
Zilla Parishad, Nanded.
4. Dr. Sarwapalli Radhakrushnan Shikshan
Prasarak Mandal, Arali, Tq. Biloli,
Dist. Nanded.
Through its President
5. Shri. Gajanan Madhyamik Vidayalaya,
Arali, Tq. Biloli, Dist. Nanded.
Through its Head Master .. Respondents
.....
Advocate for the Petitioner : Mr. V. S. Panpatte
AGP for Respondent Nos. 1 to 3 : Mr. K. S. Patil
...
CORAM : R. G. AVACHAT AND
SANDIPUKUMAR C. MORE, JJ.
DATED : APRIL 01, 2025
JUDGMENT (PER R.G. AVACHAT, J):
1. Heard.
36- Writ Petition No. 10943-2022.odt
2. Rule. Rule made returnable forthwith. With the consent of
learned counsel for the parties, heard finally.
3. The petitioner has filed the present petition for the
following main reliefs :-
"(B) By a Writ of Certiorari or any other appropriate Writ or
direction in the like nature, the order dated 31.05.2021 issued
by the respondent No.2 - Deputy Director of Education, Latur
refusing to include the name of petitioner in Shalarth Pranali
may kindly be quashed and set aside.
(C) By a Writ of Mandamus or any other appropriate Writ or
direction in the like nature, respondent No.3- Education Officer
(Secondary) Nanded may please be directed to grant approval
to the transfer of the petitioner as Assistant Teacher on 100%
aided division in the respondent No.5- School in regular pay
scale w.e.f. 16.01.2020 by modifying the approval order dated
04.03.2020 at ( Exh. 'F') and further directed to the respondent
No.2- Deputy Director of Education to include the name of
petitioner in Shalarth System/Pranali within a period of four
week and release arrears of salary of within a period of six
weeks from today.
(D) By a writ of Mandamus or any other appropriate Writ or
direction in the like nature, the respondent No.3 may please be
directed to grant approval to the transfer/absorptions of
petitioner from unaided to aided post as Assistant Teacher in the
respondent No.5- School and accordingly release due and
payable salary of the petitioner w.e.f. 16.01.2020 till today
within a period of two months from today with interest
36- Writ Petition No. 10943-2022.odt
thereon."
4. The petitioner was appointed as "Assistant Teacher" on Unaided
Post on 15.01.2011. His appointment has been approved on probation
on 30th November, 2016. The Authority concerned had granted
permanent approval to the petitioner's appointment on 20th
December 2016. Thereafter, he was transferred on 16.01.2020 from
Unaided Post to Aided one. The order dated 4th March 2020 passed
by respondent No.3, granting approval to the transfer, but with a rider
that the petitioner would only be paid honorarium of Rs. 8000/- per
month, instead of prescribed pay-scale. Admittedly, the petitioner had
served on Unaided Post for a period of 8 years, 7 months and 5 days.
For passing the order impugned herein, the respondent-Education
Officer relied on Government Circular dated 28th June 2016.
5. Learned Advocate for the petitioner relied on number of
authorities. One of them is the order dated 8th August 2019, passed in
Writ Petition No. 7841 of 2019, wherein it has been observed that the
circular dated 28th June 2016 would not be applicable to the
petitioner therein. It is not in dispute before us that the petitioner's
case is similar to that of the petitioner in the said Writ Petition.
6. Learned A.G.P. did not dispute. He, however, submits that, the
matter may be remanded back to the Education Officer to decide it
afresh. According to him, there may be an issue of seniority or other
36- Writ Petition No. 10943-2022.odt
issues as well. The learned A.G.P. adverted our attention to Sub-rule 3
of Rule 41 of the Maharashtra Employees of Private Schools
(Conditions of Service) Rules, 1981 which speaks about transfer.
According to him, the petitioner has been transferred to higher
secondary school and that would necessarily result in reduction of pay
of the petitioner. The same is not permissible in view of sub-rule 3.
The same indicates that, the learned A.G.P. wants to come to rescue of
the petitioner. We, therefore, make it clear that, in any case the pay of
the petitioner shall not be reduced on account of he having been
transferred from Unaided to Aided school i.e. from Higher Secondary
to Secondary School.
7. We are not at one with the submissions made by the learned
AGP. The order impugned herein has been passed solely on the basis
of Government Circular dated 28th June 2016 which has no
application to the case of the petitioner. It is reiterated that since the
petitioner has rendered service for little over 8 years & 7 months on
Unaided Post and thereafter he was transferred, his appointment
ought not to have been approved on the honorarium.
8. For all the aforesaid reasons, we are inclined to allow the Writ
Petition with direction to respondent No.3 to grant approval to the
petitioner's appointment on his transfer from Unaided to Aided Post
(100% grant) within a period of two months from the date of receipt
36- Writ Petition No. 10943-2022.odt
of copy of this order. We are also inclined to grant relief in terms of
prayer clause (C) of the Writ Petition which reads as follows.
''(C) By a Writ of Mandamus or any other appropriate Writ or
direction in the like nature, respondent No.3- Education Officer
(Secondary) Nanded may please be directed to grant approval
to the transfer of the petitioner as Assistant Teacher on 100%
aided division in the respondent No.5- School in regular pay
scale w.e.f. 16.01.2020 by modifying the approval order dated
04.03.2020 at ( Exh. 'F') and further direct the respondent
No.2- Deputy Director of Education to include the name of
petitioner in Shalarth System/Pranali within a period of four
week and release arrears of salary of within a period of six
weeks from today.''
9. Rule made absolute in above terms.
(SANDIPKUMAR C. MORE) (R. G. AVACHAT )
JUDGE JUDGE
Y.S. Kulkarni
