Bombay High Court

NARAYAN HARISHCHANDRA GITEversusTHE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS

Disposal: DISPOSED OFF
Bench: N B SURYAWANSHI VAISHALI PATIL JADHAV

Holding

The petitioner is not entitled to automatic absorption or transfer to the aided post; he is only entitled to the prescribed honorarium for two years and thereafter the applicable pay scale.

Summary

The petitioner, Narayan Harishchandra Gite, filed a writ petition seeking his transfer from an unaided assistant teacher post to an aided post in a school managed by respondent No.5. The respondents had already appointed another candidate who had passed the Teacher Eligibility Test (TET) and argued that the school (respondent No.4) is a minority institution entitled to appoint its own staff, and that the petitioner had not passed the TET. Relying on earlier judgments (Writ Petition No.1451/2017 and Anuradha Madhavrao Jadhav’s case, Writ Petition No.10213/2018), the Court held that the petitioner has no automatic right to be transferred to an aided post; such a transfer is at the discretion of the management under the Government Resolution dated 28‑06‑2016. Consequently, the petition for transfer was rejected. However, the Court affirmed that the petitioner is entitled to receive an honorarium of Rs.8,000 per month for the first two years and, thereafter, the applicable pay scale as per Rule 9 and Schedule C.

Issues considered

Whether a teacher employed on an unaided post is entitled as a matter of right to be transferred to an aided post.
Whether the minority status of the institution precludes the petitioner’s claim to transfer.
Whether the lack of TET qualification bars the petitioner from absorption on an aided post.
Whether the petitioner is entitled to honorarium and subsequent pay scale despite denial of transfer.

Subjects

teacher transfer
unaided post
aided post
minority institution
TET qualification
honorarium
pay scale
government resolution

Judgment

                                             1                     5425.2023WP.odt


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                     BENCH AT AURANGABAD.
                939 WRIT PETITION NO. 5425 OF 2023
                       Narayan Harishchandra Gite
                                VERSUS
    The State Of Maharashtra Through Its Principal Secretary And Others
                                       ...
Advocate for Petitioner : Mr.Rodge K.P.
AGP for Respondent/State : Mr.P.K. Lakhotiya
Advocate for Respondent No.3: Mr. S.B. Pulkundwar
Advocate for Respondent nos.4 and 5 : Mr. V.S. Panpatte
Advocate for Respondent no.6 : Mr. A.N. Nagargoje h/f Mr.A.B. Tele
                                ...
                      CORAM : NITIN B. SURYAWANSHI AND
                                VAISHALI PATIL-JADHAV, JJ.
                      DATED : 24th MARCH, 2026.
ORDER :

.             By this petition, the petitioner seeks directions to the
respondents to transfer the petitioner from unaided post to aided post
of assistant teacher on the vacant post in respondent no.5 school and to
grant approval to the said transfer.
2.            After filing of this petition, the respondents have appointed
respondent no.6 on the vacant post, he has passed TET. According to
the respondents, respondent no.4 is a minority institution and it is
entitled to appoint it's own staff, so also the petitioner is not TET
passed.
3.            Learned Advocate appearing for the Management has
relied upon the observations of this Court in Writ Petition
No.1451/2017. In similar facts, this Court has held that:-
        "29. As discussed earlier, the petitioners are not entitled for
        their transfer from unaided post to aided post as of right.
        However, the Management can transfer them from unaided
        post to aided post as per the Government Resolution dated
                                              2                          5425.2023WP.odt


            28.06.2016. Since the Management is not willing, the prayer
            in this regard will have to be rejected. As far as pay scales are
            concerned, we have already held in Anuradha Madhavrao
            Jadhav's case (Writ Petition No.10213/2018) that as per the
            contractual terms for first two years, the petitioners are
            entitled for honorarium @ Rs.8,000/- per month, but
            thereafter, on satisfactory completion of probation period,
            they are entitled for pay scale as per Rule 9 and Schedule 'C'
            which is prescribed for teachers working on both aided and
            unaided post and shown in the approval orders. The prayers
            (CC) and (DD) deserve to be allowed in this regard. The same
            is the case with the prayer of petitioners in Writ Petition No.
            1451/2017. They are not entitled for absorption on grant-in-
            aid post as of right unless the Management is willing to
            transfer them. However, they are entitled for honorarium for
            first two years and thereafter the pay scale."


      4.           In view of the aforesaid observations, the petitioner is not
      entitled for the relief of absorption/transfer on the aided post and that
      prayer of the petitioner is rejected.
                   However, in view of the underlined observations, quoted
      hereinabove, the petitioner is entitled for honorarium for first two years
      and thereafter the pay scale admissible to his post.




      (VAISHALI PATIL-JADHAV,J.)                  (NITIN B. SURYAWANSHI,J.)


sga

Continue reading with your account

Checking your session…