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