Disposed

Jayshri Dinkar Patil v. the State of Maharashtra and Others

Bombay HC28 Jul 2021WP/6620/2021

Case brief

AI extract

What is this about?

Challenging phase-wise transfer approval, the Court relied on prior judgment requiring 100% aid grant after three years of unaided service. It set aside the lower order, directing the Education Officer to verify and approve the transfer within four months if criteria are met.

What did the court decide?

Writ petition disposed of. Education Officer directed to verify and approve 100% aid post transfer within four months if criteria met.

Jayshri Dinkar Patil Vs the State of… — Public Procurement and Tenders | Bombay HC (2021)

¶1

1 1026-wp 6620-2021.odt

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

¶3

WRIT PETITION NO. 6620 OF 2021

¶4

Jayshri Dinkar Patil

¶5

.. Petitioner

¶6

Versus

¶7

The State of Maharashtra and others

¶8

.. Respondents

¶9

Mr. Paresh B. Patil (Borse), Advocate for the Petitioner.
Mr. P. G. Borade, AGP for Respondent Nos. 1 to 4.
Mr. M. D. Gitte, Advocate for Respondent No. 5.

¶10

CORAM : S. V. GANGAPURWALA &

¶11

R. N. LADDHA, JJ.

¶12

 DATED : 28th JULY, 2021.

¶13

PER COURT:-

¶14

. The petitioner was appointed as an Assistant Teacher on unaided

¶15

post on or about 15.06.2014. The appointment of the petitioner on
unaided post is approved by the Education Officer. The petitioner is
transferred to the aided post on 01.08.2020. The approval is granted to
the transfer of the petitioner on aided post, however, in a phase wise
manner in view of the circular dated 28.06.2016. The same is assailed
in the present writ petition.

¶16

2. We have heard the learned counsel for the petitioner, the learned A.G.P. for respondent Nos. 1 to 4 and Mr. Gitte, learned counsel for respondent No. 5.

¶17

1 of 3

¶18

2 1026-wp 6620-2021.odt

¶19

3.This Court under its judgment and order dated 04.07.2019 in
Writ Petition No. 1493 of 2019 with other connected writ petitions has
observed that, some of the clauses of the circular dated 28.06.2016 are
erroneous.

¶20

4.In the aforesaid judgment this Court has held that, if employee is
working for three years and more on unaided post and thereafter
transferred to the 100% aided post, then approval ought to be granted
on 100% grant in aid post, of course after satisfying all other criterias.

¶21

5.In the light of the above, the impugned order to the extent of
granting approval in a phase wise manner is set aside. The Education
Officer (Secondary), Zilla Parishad, Jalgaon shall verify the transfer of
the petitioner on aided post and, if, it is satisfied that the transfer of the
petitioner is on 100% grant in aid post and the petitioner has worked
for more than three years on unaided post shall approve the transfer of
the petitioner on 100% grant in aid post.

¶22

6. We have passed this order as the Education Officer has approved the transfer of the petitioner on aided post, meaning thereby, the Education Officer has satisfied about the qualification, seniority and the roaster.

¶23

2 of 3

¶24

3 1026-wp 6620-2021.odt

¶25

7. The aforesaid exercise shall be done expeditiously and preferably

¶26

within a period of four (04) months from today.

¶27

8. In view of the above, writ petition is disposed of. No costs.

¶28

( R. N. LADDHA ) ( S. V. GANGAPURWALA ) JUDGE JUDGE

¶29

P.S.B.

¶30

3 of 3

Jayshri Dinkar Patil v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Jayshri Dinkar Patil v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Vaibhav Sewabhavi Sanstha Tambwa Sanchit Thr Its Secretary Rajabhau Uttamrao Chate Vs the State of Maharashtra and Another

Ganesh Arjun Kulkarni and Another Vs the State of Maharashtra and Others

Anand Sikandar Gangne Vs the State of Maharashtra and Others

Prakul Kulbhushan Annadhate Thr Legal Guardian Pravina Kulbhushan Annadate Vs the State of Maharashtra and Others

Prataprao Rangnath Sawade Vs the State of Maharashtra and Others

Bhartiya Kamgar Sena Thr Its Working President Ashok Devisingh Pawar and Another Vs the Chief Secretary State of Maharashtra and Others