Remanded

Sonali Gulabrao Patil and Others v. the State of Maharashtra and Others

Bombay HC14 Sept 2021WP/8237/2021

Case brief

AI extract

What is this about?

The Court set aside orders granting approval as Shikshan Sevaks from the date of transfer to aided posts, holding that three years of service on unaided posts is required for approval as Assistant Teachers on aided posts. Remedies were directed for reconsideration.

What did the court decide?

Impugned orders setting aside approvals as Shikshan Sevaks were set aside; Education Officer directed to reconsider granting approval based on service on unaided posts within four months.

Sonali Gulabrao Patil and Others Vs the State… — Pension and Retirement Benefits | Bombay HC (2021)

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1 wp 8237.2021

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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128 WRIT PETITION NO.8237 OF 2021

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SONALI GULABRAO PATIL AND OTHERS

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VERSUS

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THE STATE OF MAHARASHTRA AND OTHERS

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...

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Advocate for Petitioners: Mr. Panpatte V. S.
AGP for Respondents No. 1&2: Mrs. G. L. Deshpande
...

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CORAM:S. V. GANGAPURWALA &

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R. N. LADDHA, JJ.

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DATE:14th SEPTEMBER, 2021

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PER COURT:

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1.Mr. Panpatte, learned Advocate for the
petitioners has placed on record the Chart showing
the date of appointment of the petitioners on
unaided posts, the date of approval to the
appointment on unaided posts, the date of transfer

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to the aided posts. The same is reproduced below-

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`W.P.` `No.`	`Name` `of` `Petitioner(s)`	`Date` `of` `Appointment` `w.e.f.`	`Date of` `Approval`	`Date of` `Transfer` `w.e.f.`	`Name of the` `Authority` `granted` `approval to` `transfer`	`petitioner(s) is` `relied upon the` `judgment and orders`
`8237/` `2021`	`1. Sonali d/o` `Gulabrao Patil` `2. Abhiman s/o` `Ramesh Patil` `3. Varsha d/o` `Jayant Mahajan`	`15.06.2012` `15.06.2013` `15.06.2013` `(P.NO. 30` `to 32)`	`16.08.2014` `16.08.2014` `27.12.2013` `(P.No. 36` `to 38)`	`01.11.2014` `16.06.2014` `01.07.2015` `(P. No. 42` `to 44)`	`26.07.2018` `(P. No. 51,` `53 & 55)` `Education` `Officer` `(Sec.)` `(on` `Honorarium` `of` `Rs.` `8,000/-)`	`1) WP No. 7011/16` `(1 to 3)` `2) WP No. 5258/12` `(4 to 6)` `3) WP 2960/2012 (07` `to 11)` `4) WP 11065/2014` `(12 to 18)`

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2.According to the learned Advocate for the
petitioners, the petitioners are transferred prior

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2 wp 8237.2021

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to the Circular dated 28.06.2016. In view of that,
it is not necessary for the petitioners to
complete 3 years on unaided posts so as to be
granted approval as an Assistant Teachers on aided
posts. The learned Advocate submits that various
orders are passed by this Court granting the
approval as Assistant Teachers upon being
transferred from unaided to aided posts
irrespective of number of years they have put in
on unaided posts.

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3.We have heard the learned A.G.P.

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4.The approval has been granted to the
petitioners upon their transfer to the aided posts
from unaided posts, however, as Shikshan Sevaks
from the date of the transfer.

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5.We have under Judgment and order dated
04.07.2019 in Writ Petition No. 1493 of 2018 with
connected writ petitions observed that upon
completion of 3 years on unaided posts the
employees are required to be approved as Assistant
Teachers on 100% grant-in-aid, if they are
transferred on 100% grant-in-aid posts.

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6.In light of the above, the impugned orders to
the extent of granting approval as Shikshan Sevaks
from the date of their transfer to the aided posts
are set aside. The respondent shall grant approval

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3 wp 8237.2021

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to the transfer of the petitioners on aided posts
considering the services rendered by the
petitioners on their unaided posts. For
illustration, if the petitioner completes 2 years
of service on the unaided post, then he / she
would be granted approval as Shikshan Sevak on
aided post for a period of 1 year and thereafter
as Assistant Teacher.

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7.The Education Officer shall reconsider the
same and pass appropriate orders preferably within
a period of four (04) months.

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8.Writ Petition accordingly stands disposed of.
No costs.

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

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marathe

Sonali Gulabrao Patil and Others v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Sonali Gulabrao Patil and Others v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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