Disposed

Anand Balwantrao Krishnapurkar v. the State of Maharashtra Thr Its Secretary and Others

Bombay HC19 Jul 2021WP/7210/2021

Case brief

AI extract

What is this about?

This Court set aside a phase-wise grant-in-aid approval for a petitioner transferred from an unaided to an aided post. Directing the Deputy Director of Education to confirm if the post was 100% grant-in-aid, the Court ordered a 100% approval within four months based on a prior judgment.

What did the court decide?

Impugned order granting phase-wise approval set aside; authority directed to confirm post category and grant 100% grant-in-aid within four months.

Anand Balwantrao Krishnapurkar Vs the State… — Pension and Retirement Benefits | Bombay HC (2021)

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15 wp.7210.21.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD.

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15 WRIT PETITION NO.7210 OF 2021

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ANAND S/O BALWANTRAO KRISHNAPURKAR VERSUS

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THE STATE OF MAHARASHTRA THR. ITS SECRETARY AND OTHERS

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Advocate for Petitioner : Mr. Swapnil Patunkar, i/b J. P. Legal Associates. AGP for Respondent/State: Mr. P. G. Borade.

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CORAM : S. V. GANGAPURWALA & R. N. LADDHA, JJ. DATE : 19^th July, 2021.

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P.C.:

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. Issue notice to the Respondents. The learned AGP accepts notice for Respondent Nos.1, 2 and 3.

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2 The contention of the petitioner is that the petitioner is appointed on an unaided post on 20^th July, 2013. The appointment of the petitioner on the unaided post is approved under the order dated 6^th February, 2017. On 1^st February, 2019 the petitioner is transferred to the aided post. The Deputy Director of Education has approved the transfer of the petitioner to the aided post, but on 40% from the year 2015-16 i.e. in a phase wise manner.

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3 The said approval in the phase wise manner has been granted on the basis of circular dated 28^th June, 2016.

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15 wp.7210.21.odt

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4 This Court in its judgment and order dated 4^th July, 2019 in Writ Petition No.1493 of 2018 with connected writ petitions, held that if the employee has rendered service more than three years on unaided post and is transferred to 100% grant-in-aid post, then the approval has to be granted on 100% grant-in-aid.

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5 In light of the above, the impugned order to the extent of granting approval to the petitioner in phase wise manner is set aside.

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6 The Deputy Director of Education shall confirm that the transfer of the petitioner on aided post is 100% grant-in-aid. If the Deputy Director of Education comes to the conclusion that the post on which the petitioner is transferred to the aided division was on 100% grant-inaid, then the approval shall be granted to the petitioner on 100% grantin-aid. The said exercise shall be done expeditiously, preferably within four months.

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7 The writ petition is disposed of. No costs.

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[ R. N. LADDHA, J. ] [ S. V. GANGAPURWALA, J. ]

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nga

Anand Balwantrao Krishnapurkar v. the State of Maharashtra Thr Its Secretary and Others

Case brief

What is this about?

What did the court decide?

Anand Balwantrao Krishnapurkar 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

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