Regarding transfer from unaided to aided post, court held if post is 100% grant-in-aid, approval must be on full basis without phases, quashing phased order and directing reconsideration.
Impugned order approving phased transfer quashed; direction to grant 100% grant-in-aid approval within 4 months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
13.5371.22-wp.docx
Digitally signed by BASAVRAJ BASAVRAJ GURAPPA GURAPPA PATIL PATIL Date: 2022.07.08 14:18:09 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.5371 OF 2022
Pramod Arun Vishe & Anr.
….. Petitioners
Vs.
State of Maharashtra & Ors.
….. Respondents
Mr. N. V. Bandiwadekar I/b. Sou. Ashwini Bandiwadekar for the Petitioner
Mr. S. B. Kalel, AGP for the State
CORAM: S.V. GANGAPURWALA & S. M. MODAK, JJ.
DATED : JULY 6, 2022
P.C.
from unaided post to aided post is approved, however, in phase-wise grant-in-aid manner.
AGP.
on 15th June 2006. The said appointment is said to be approved. The Petitioner is transferred to the aided post on 15th January 2017.
It is the contention of the Petitioner that the post on which the Petitioner is transferred is 100% grant-in-aid post.
1/3
Basavraj
13.5371.22-wp.docx
4 The impugned order, it appears, is passed on the basis of the Circular dated 28th June 2016. This court, in its judgment and order dated 4th July 2019 in Writ Petition No.1493 of 2018 with connected Writ Petitions held that some of the clauses of Circular dated 28th June 2016 are erroneous and cannot be acted upon.
5 If a person has rendered more than three years of service on unaided post and is thereafter transferred to 100% grant-in-aid post, then the approval ought to be granted on 100% grant-in-aid post. The transfer of the Petitioner is also prior to the amendment to Rule 41A of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981.
6 In light of that, the impugned order, to the extent of granting approval to the transfer of the Petitioner from unaided post to aided post in phase-wise grant-in-aid manner, is quashed and set aside.
7 The Education Officer shall reconsider the proposal seeking transfer of the Petitioner and if the Education Officer is convinced, shall grant approval to the transfer of the Petitioner on 100% grantin-aid post from the date of transfer.
8 Said exercise shall be done expeditiously, preferably within four months.
2/3
Basavraj
13.5371.22-wp.docx
(S. M. MODAK,J.)
(S.V. GANGAPURWALA, J.)
3/3
Basavraj
2 issues framed by the court
Whether approval of transfer from unaided to aided post should be in phases when post is fully grant-in-aid.
Whether service rendered on unaided post entitles employee to 100% grant-in-aid post approval.
1 provisions across 1 enactments
Pramod Arun Vishe & Anr.
State of Maharashtra & Ors.
S.V. GANGAPURWALA
S. M. MODAK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
