Dismissed

Anilkumar Keshavrao Patil v. the State of Maharashtra and Others

Bombay HC10 Apr 2018WP/2879/2018

Case brief

AI extract

What is this about?

This judgment disposed of two writ petitions challenging intra-district transfers of teachers teaching in naxalite areas. The court observed that an administrative appeal mechanism under a Government Resolution existed, rendering writ jurisdiction unnecessary.

What did the court decide?

Writ petitions stand disposed of with reference to alternative administrative remedy under Government Resolution dated 15.04.2017.

Anilkumar Keshavrao Patil Vs the State of… — Pension and Retirement Benefits | Bombay HC (2018)

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wp285118.odt

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.2851 OF 2018

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Mr.Ayyub Gambhir Shaikh

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Petitioner

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Versus

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The State of Maharashtra & others

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Respondents

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WITH

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WRIT PETITION NO.2879 OF 2018

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Mr.Anilkumar Keshavrao Patil

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Petitioner

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Versus

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The State of Maharashtra & others

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Respondents

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Mr.S.B.Rajebhosale, advocate for the petitioners. Mr.S.S.Dande, A.G.P. for Respondents No.1 to 4. Mr.S.B.Pulkundwar, advocate for Respondent No.5.

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CORAM : R.M.BORDE AND K.K.SONAWANE, JJ. DATE : 10th April, 2018.

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P.C. :

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1 The State Government has declared revised policy in respect of intra-district transfers of teachers on 27.02.2017. The policy prescribes tendering of multiple choices by the concerned teacher/s and the application requires to be tendered on-line. There are certain parameters relating to transfer policy.

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2 Both the petitioners claim that they have rendered service for a period of 28 and 15 years respectively in naxalite area and are entitled to be transferred out of naxalite area in

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{2}

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wp285118.odt

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accordance with the preference given by the petitioners. The State authorities are expected to carry out process of transfer of employees on-line and in consonance with the directives prescribed under Resolution dated 27.02.2017.

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3 In view of the Resolution dated 15.04.2017, a form is provided for redressal of grievances in respect of transfers of teachers. The respective Divisional Commissioners of the Revenue Divisions are empowered to entertain the appeals presented against the decisions relating to transfers of teachers, if preferred within 30 days from the date of such decisions. Since a form is provided under the Government Resolution, referred to above, it would be open for the petitioners to avail of the remedy in the event any grievance of the petitioners subsists after issuance of order of transfer in consonance with the policy dated 27.02.2017.

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4 In view of the above, both the writ petitions stand disposed of.

K.K.SONAWANE

JUDGE

R.M.BORDE

JUDGE

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Anilkumar Keshavrao Patil v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Anilkumar Keshavrao Patil v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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