Writ petition by transferred teachers challenging an order that might prevent their joining schools in Beed district. The Court observed that existing policies and government resolutions protect such transfers and disposed of the petition without order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1454.17wp
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO.1454 OF 2017
| 1. | Shashikant s/o Subhash Deshmane, Age: 35 years, Occu: Service, R/o Ambajogai, Tal. Ambajogai, District Beed |
|---|---|
| 2. | Tuljiram s/o Baliram Sonnar, Age: 32 years, Occu: Service, R/o Yelda, Tal. Ambajogai, District Beed |
| 3. | Nirmala Ananta Datir, Age: 35 years, Occu: Service, R/o Ashti, Tal. Ashti, District Beed |
| 4. | Baburao s/o Rawan Nakhate, Age: 33 years, Occu: Service, R/o Ambajogai, Tal. Ambajogai, District Beed |
| 5. | Manjusha Vasudeo Thorbole, Age; 35 years, Occu: Service, R/o Chincholi Mali, Tal. Kaij, District Beed |
| 6. | Balasaheb s/o Hausrao Mote, Age: years, Occu: Service, R/o Ashti, Tal. Ashti, District Beed |
| 7. | Rajendra s/o Pandharinath Bhosale, Age: 34 years, Occu: Service, R/o Ashti, Tal. Ashtri, District Beed |
| 8. | Kishor s/o Chandrakant Bhondave, Age: 34 years, Occu: Service, R/o Georai, Tal. Georai, District Beed |
1454.17wp (2)
Mr S. S. Thombre, Advocate for petitioners; Mr G. O. Wattamwar, A.G.P. for respondent No.1; Mr U. S. Mote, Advocate for respondent No.2
CORAM : PRASANNA B. VARALE AND
MANISH PITALE, JJ.
DATE : 6th September, 2018 ORAL ORDER:
Heard Mr Thombre, learned Counsel appearing on behalf of the petitioners at length.
1454.17wp (3)
various places and subsequently, these petitioners are accommodated in the schools at Palghar and presently all these petitioners are working at Palghar in various schools.
1454.17wp
(4)
1454.17wp
(5)
1454.17wp
(6)
category candidates' cases would be considered as per their seniority in their cadre. Then further it makes clear that if there is a similar date of appointment of the teachers and if birth date of two teachers is one and the same, in that case, the seniority would be considered as per the English alphabets. This also makes it clear that every possible care is taken to consider the aspect of seniority. The said Government Resolution then states about the grievance redressal forum and Clause No.17 reads that if there is any grievance in spite of intra-district transfers, the employee is entitled to submit his grievance application before the Divisional Commissioner and the Divisional Commissioner to decide this grievance application within stipulated period of 30 days. This clause also states that if there is some irregularities in the affairs of intra-district transfers and if such irregularity is caused by some officers, action would be initiated against such erring officers.
1454.17wp
(7)
“8. …........... As on toady there is no post vacant for considering the claim of the petitioners on couple convenience and as and when the post will available the claim of the petitioners will consider on priority.”
(MANISH PITALE, J.)
(PRASANNA B. VARALE, J.)
sjk
3 issues framed by the court
Whether the transfer order of teachers from Thane to Beed district is maintainable despite vacancy concerns?
Whether the petitioners were entitled to joining relief in Beed district schools under existing policy?
Whether the apprehensions of the petitioners regarding their transfer were justified under the relevant Government Resolution?
Shashikant s/o Subhash Deshmane and Others
The State of Maharashtra
The Chief Executive Officer, Zilla Parishad, Beed
Prasanna B. Varale
Manish Pitale
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
