NILESH RAOSAHEB PATIL AND ORSversusTHE STATE OF MAHARASHTRA (THRU THE SCHOOL EDU. AND SPORTS DEPT.) AND ANR

                                                                               25-WP-1724-2024(C).doc


                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                               CIRCUIT BENCH AT KOLHAPUR
                                              CIVIL APPELLATE JURISDICTION

                                             WRIT PETITION NO. 1724 OF 2024

                        Nilesh Raosaheb Patil And Others                         ...Petitioners
                                  Versus
                        The State of Maharashtra and Others                      ...Respondents

                                                      ——————
                        Ms. Bhagyashri Mangale, for the Petitioners.
                        Mr. A.P. Vanarase, AGP for the Respondent-State.
                                                       ——————

                                                        CORAM :        SHARMILA U. DESHMUKH &
                                                                       NEERAJ P. DHOTE, JJ.

                                                        DATE       :   AUGUST 21, 2026.

                        P. C. :

                        1.        By the present Petition, the Petitioner takes exception to the

                        orders passed by the Education Oicer directing the transfer from the

                        unaided post to the aided post with 20% grant-in-aid on the basis of the

                        Government Circular dated 28th June, 2016, which provided for payment

                        of percentage of grant-in-aid in phased manner after the completion of

                        ive years of service.

                        2.        Learned counsel appearing for the Petitioner would submit that

                        the issue came to be considered by the Hon’ble Division Bench of this
           Digitally
           signed by
           SAJAKALI
                        Court in Writ Petition No. 3327 of 2019, along with connected Writ
SAJAKALI   LIYAKAT
LIYAKAT    JAMADAR
JAMADAR    Date:
           2026.08.21
           18:06:14
           +0530


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Petitions, where the Circular dated 28 th June, 2016 was considered, and

directions were given to grant approval to the Petitioners therein, who

had completed more than ive years of service in the respective posts,

on 100% grant-in-aid in Respondent Nos. 4 and 5 Schools.

3.     It is an undisputed fact that the approvals were granted by the

Education Oicer for the transfer from unaided posts to aided posts on

20% grant-in-aid in view of the Circular dated 28 th June, 2016. The

Government Resolution dated 28th June, 2016 was the subject matter of

Writ Petition No.3327 of 2019. The Hon’ble Division Bench noted the

statutory provisions of the Maharashtra Employees of Private Schools

(Conditions of Service) Regulation Act, 1977 (“M.E.P.S. Act”). It further

perused Clause 3, sub-clause 5 (A) of the Circular dated 28th June, 2016,

and held that where the candidates are appointed as Assistant Teachers

after following the mandate of Section 5 of the M.E.P.S. Act and on

completion of the probation period, if the Education Oicer has

granted approval, and if they seek a transfer from an unaided school to

an aided school or from an unaided post to an aided post or from an

aided post to an unaided post in the same school, there is no justiiable

reason to ask them to work as Shikshan Sevak on a consolidated pay for

three years. It further held that where the Petitioner has completed

ive years of satisfactory service on the post of Assistant Teacher, the

Petitioners are entitled to 100% grant-in-aid.


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4.     In the present case, it is not disputed that the Petitioners were

appointed after following the due procedure of law, and approval was

granted, which is evident from the Education Oicer's approval granted

to the Petitioners' appointments. As they have rendered more than ive

years of satisfactory service as Assistant Teachers on unaided posts,

they will be entitled to 100% grant-in-aid in the Respondent Schools on

the regular pay scale with efect from the date of the transfer from the

unaided posts to the aided posts.

5.     In light of the above, the impugned orders, to the extent that it

grants 20% grant-in-aid, are quashed and set aside.

6.     Respondent No.2 is directed to grant approval to the Petitioners

as Assistant Teachers on the aided posts with 100% grant-in-aid / pay

scale with efect from the date of the transfer.

7.     The Petition is allowed in the above terms.




 [NEERAJ P. DHOTE, J.]                    [SHARMILA U. DESHMUKH, J.]




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