Partly allowed

Megha Bharat Patil and Another v. the State of Maharashtra Thr Its Secretary and Others

Bombay HC4 Mar 2021WP/4054/2021

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay Bench at Aurangabad allowed two writ petitions challenging phased grant-in-aid approvals. The Court held that petitioners with over three years of service on unaided posts should be transferred to 100% grant-in-aid posts. It set aside the impugned order directing conditional approvals and directed the Education Officer to grant 100% approval within four month

What did the court decide?

Impugned order for phased grant approval set aside. Education Officer directed to grant 100% grant-in-aid approval within four months.

Megha Bharat Patil and Another Vs the State… — Pension and Retirement Benefits | Bombay HC (2021)

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1 905-wp 3993-2021.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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905 WRIT PETITION NO. 3993 OF 2021

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Shri Umesh Prakash Patil
and others

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.. Petitioners

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Versus

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The State of Maharashtra and others

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.. Respondents

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Mr. V. P. Raje, Advocate h/f Hemakshi H. Jad, Advocate for the
Petitioners.

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Mr. S. K. Tambe, AGP for Respondent Nos. 1 and 2.

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947 WRIT PETITION NO. 4054 OF 2021

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Megha Bharat Patil
and another

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.. Petitioners

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Versus

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The State of Maharashtra and others

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.. Respondents

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Mr. V. P. Raje, Advocate h/f Hemakshi H. Jad, Advocate for the
Petitioners.

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Mr. S. R. Yadav-Lonikar, AGP for Respondent Nos. 1 and 2.

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CORAM : S. V. GANGAPURWALA &
SHRIKANT D. KULKARNI, JJ.

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 DATED : 04th March, 2021.

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PER COURT:-

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.The learned counsel for the petitioners submits that all these
petitioners have worked on unaided posts for more than three years.

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Upon the posts becoming vacant on grant in aid, the petitioners are

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transferred to the grant in aid posts. The approvals have been granted
to the transfers of the petitioners on the aided posts, but on 20% grant
in aid. The learned counsel further submits that after having worked
for more than three years on unaided posts, the approvals ought to
have been granted on 100% grant in aid. The learned counsel relies on
the judgment of this Court in Writ Petition No. 1493 of 2018 with
connected writ petitions dated 04.07.2019.

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2.We have also heard the learned A.G.P. for respondent Nos. 1
and 2.

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3.It appears that the appointments of the petitioners on unaided
posts are approved. The petitioners are transferred to the aided posts
after working on unaided posts for more than three years. In case, the
petitioners are transferred on 100% grant in aid posts, then in such
circumstance, the approvals have to be granted on 100% grant in aid.
Under judgment and order dated 04.07.2019 in Writ Petition No. 1493
of 2018 with connected writ petitions, we have held that some of the
clauses of circular dated 28.06.2016 do not apply.

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4.In the light of the above, the impugned order to the extent of
grant approval in a phase wise manner is set aside. If the Education
Officer satisfies that the petitioners have completed three years of

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service on unaided posts, then the Education Officer shall grant
approval to the petitioners on 100% grant in aid from the date of their
transfers. The said exercise shall be done within a period of four (04)
months from today.

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5. Writ petitions accordingly are disposed of. No costs.

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( SHRIKANT D. KULKARNI )( S. V. GANGAPURWALA )
 JUDGE JUDGE

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P.S.B.

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Megha Bharat Patil and Another v. the State of Maharashtra Thr Its Secretary and Others

Case brief

What is this about?

What did the court decide?

Megha Bharat Patil and Another v. the State of Maharashtra Thr Its Secretary and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

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Coram

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