Eligibility for upgradation from unaided to aided posts requires completion of 6 years of service, as per Rule 41-A.

JUDGMENT :

RAVINDRA V. GHUGE, J.

1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

2. The Petitioner has put forth prayer clause – (b), as under :

(b) By a suitable writ, order or direction, this Hon'ble Court may be pleased to quash and set aside the impugned order dated 11.9.2023 issued by the Respondent No.2, and accordingly the Respondent No.2 may be directed to grant approval to the up-gradation of the Petitioner from the partially aided [40%] post of part time teacher [English] to the fully aided post of full time teacher [English] in the Respondent No.4 Junior College w.e.f. 10.11.2022, and to release 100% grant-in-aid for payment of salary to the Petitioner from 10.11.2022, with all arrears.

3. The Petitioner was appointed on the unaided post as a part time English Teacher on 16^th June, 2018. The said appointment was approved by Respondent No.2 vide order dated 8^th December, 2020. The Petitioner belongs to the OBC category and has acquired the qualification of M.A. [English] and B.Ed. [English/History].

4. The unaided division on which the Petitioner was working, was granted salary grants at the rate of 20% from 1^st November, 2020 and 40% from the year 2023. On 17^th August, 2021, the name of the Petitioner was entered in the Shalarth Pranali and she was issued with a Shalarth ID. The Petitioner initially started receiving her salary to the extent of the 20% grants, and thereafter, to the extent of the 40% grants. On 10^th November, 2022, the Petitioner was upgraded to the post of full time English Teacher when the salary grants had reached the scale of 100%. The Principal tendered a proposal dated 5^th June, 2023 seeking approval to the upgradation of the Petitioner. By the impugned order dated11^th September, 2023, the approval was refused.

5. The learned AGP points out that the impugned order was passed on the ground that the Petitioner had not completed 5 years prior to being brought on the aided establishment as required under Rule 41-A of the MEPS Rules, 1981.

6. The learned Senior Advocate representing the Petitioner relies upon the judgment of this Court, delivered at the Aurangabad Bench, dated 4^th July, 2019 in Suryakant S/o. Janardan Muge v/s. The State of Maharashtra and Ors., wherein this Court has concluded in paragraph nos. 20 to 23, as under :

20. One anomalous situation that requires to be considered is that if a person is appointed on grant-in-aid post for three years, he is required to work as Shikshan Sevak on honorarium basis, whereas, on an unaided post a person is directly appointed as assistant teacher. For example, if a person has worked as assistant teacher for one year on unaided post and is transferred on grant-in-aid post, he would claim that he was working as assistant teacher and should be considered as assistant teacher that would not be in tune with the scheme of Shikshan Sevak as framed by the Government under the Government Resolutions.

21. If the assistant teacher on unaided post has worked for less than three years and is transferred to aided post, he will have to work as Shikshan Sevak till he completes three years of service from the date of his initial appointment on an unaided post. That would be in conformity with the scheme of Shikshan Sevak framed by the State.

22. In light of the above, we quashed and set aside the orders rejecting the approvals of petitioners.

23. Upon confirming about the adherence to the seniority list that is those who are transferred to aided post are senior most amongst those working on unaided post and that the roster is maintained, so also their appointments are approved on unaided post, the Education Officer shall grant approvals to their appointments. If the assistant teachers who have been transferred from unaided to aided posts had not completed three years while working on unaided post, then they will be granted approvals as Shikshan Sevaks for a period they would complete three years from the date of their initial appoint