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 Court in Writ Petition No. 3327 of 2019, along with connected Writ Jamadar-SL 1 of 3 SAJAKALI LIYAKAT JAMADAR Digitally signed by SAJAKALI LIYAKAT JAMADAR Date: 2026.08.21 18:06:14 +0530 25-WP-1724-2024(C).doc Petitions, where the Circular dated 28th 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 28th 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. Jamadar-SL 2 of 3 25-WP-1724-2024(C).doc 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.] Jamadar-SL 3 of 3