Remanded

Gajanan Keshav Moharut and Others v. the State of Maharashtra and Others

Bombay HC21 Apr 2022WP/4022/2022

Case brief

AI extract

What is this about?

This common order dismissed multiple writ petitions filed by Zilla Parishad teachers contesting seniority calculations. The Court directed State authorities to prepare a separate seniority list for inter-district transfers per a Government Resolution, distinguishing it from service benefits, and ordered the quashing of a specific impugned order.

What did the court decide?

Directions issued to Chief Executive Officers of Zilla Parishads to prepare separate seniority lists for inter-district transfers and consider pending representations.

Gajanan Keshav Moharut and Others Vs the… — Pension and Retirement Benefits | Bombay HC (2022)

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(1)

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902-wp-102-2020 & ors.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.102 OF 2020

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SATISH SHAHADEO GAWADE AND OTHERS
VERSUS

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THE STATE OF MAHARASHTRA AND OTHERS

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Mr. Balaji S. Shinde, Advocate for the Petitioners.
Mr. S. B. Yawalkar, AGP for Respondents-State.
Mr. P. D. Suryawanshi, Advocate for Respondent
Nos.3 and 4.

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AND

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WRIT PETITION NO.4471 OF 2022
WITH WP/4472/2022

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VAIJNATH BABURAO BHENDEKAR AND OTHERS

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VERSUS

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THE STATE OF MAHARASHTRA AND OTHERS

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Mr. Balaji S. Shinde, Advocate for the Petitioners.
Mr. K. N. Lokhande, AGP for Respondents-State.
Mr. V. M. Vibhute, Advocate for Respondent Nos.3
and 4.

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AND

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WRIT PETITION NO.4506 OF 2022

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MAHESH SATUBA DOIFODE AND OTHERS

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VERSUS

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THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND
OTHERS

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AND

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WRIT PETITION NO.4511 OF 2022

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SHARAD KISAN PAWAR AND OTHERS

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VERSUS

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THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND
OTHERS

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Mr. Balaji S. Shinde, Advocate for the Petitioners.
Mr. S. B. Yawalkar and Mr. S. G. Karlekar, AGPs for
Respondents-State.

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Mr. A. D. Aghav, Advocate for Respondent Nos.3 and
4.

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(2)

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902-wp-102-2020 & ors.

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AND

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WRIT PETITION NO.4254 OF 2022

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MANOJ ASHOK MASKE AND OTHERS

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VERSUS

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THE STATE OF MAHARASHTRA AND OTHERS

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Mr. Sanjaykumar B. Bhosale, Advocate for the
Petitioners.

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Mr. S. G. Karlekar, AGP for Respondents-State.

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AND

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WRIT PETITION NO.3885 OF 2022

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SHARAD KACHRU MUJMULE AND OTHERS

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VERSUS

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THE STATE OF MAHARASHTRA AND OTHERS

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Mr. Sanjaykumar B. Bhosale, Advocate for the
Petitioners.

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Mr. S. B. Yawalkar, AGP for Respondents-State.

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AND

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WRIT PETITION NO.4262 OF 2022

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VILAS SUBHASH TAKPIRE AND OTHERS

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VERSUS

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THE STATE OF MAHARASHTRA AND OTHERS

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Mr. Sanjaykumar B. Bhosale, Advocate for the
Petitioners.

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Mr. K. N. Lokhande, AGP for Respondents-State.

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AND

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WRIT PETITION NO.4469 OF 2022

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BHAURAO BHIKAJI SHINDE AND OTHERS

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VERSUS

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THE STATE OF MAHARASHTRA AND OTHERS

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Mr. Sanjaykumar B. Bhosale, Advocate for the
Petitioners.

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Mr. S. P. Tiwari, AGP for Respondents-State.

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(3)

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902-wp-102-2020 & ors.

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AND

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WRIT PETITION NO.4022 OF 2022

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GAJANAN KESHAV MOHARUT AND OTHERS

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VERSUS

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THE STATE OF MAHARASHTRA AND OTHERS

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Mr. Sanjaykumar B. Bhosale, Advocate for the
Petitioners.

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Mr. S. P. Tiwari, AGP for Respondents-State.

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AND

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WRIT PETITION NO.4023 OF 2022

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ARJUN DASHRATH WAGHMARE AND OTHERS

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VERSUS

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THE STATE OF MAHARASHTRA AND OTHERS

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Mr. Sanjaykumar B. Bhosale, Advocate for the
Petitioners.

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Mr. S. G. Karlekar, AGP for Respondents-State.

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 CORAM : R. D. DHANUKA &
 S. G. MEHARE, JJ.
 DATED : 21st APRIL, 2022.

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PER COURT:-

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1.By consent of parties all these Writ
Petitions were heard together and are being
disposed of by a common order.

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2.The common grievance in these petitions
filed by various employees of Zilla Parishad is
that, though the Zilla Parishad has rightly issued
orders of various dates mentioning the seniority of
all the teachers who were transferred inter-
district as per Rule 6(8)(ii) of the Maharashtra
Zilla Parishad District Services (Recruitment)
Rules, 1967 (hereinafter referred to as ‘the Rules,
1967’), the same seniority is not considered for
the purpose of further transfers.

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(4) 902-wp-102-2020 & ors.

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3.During the course of the argument the
learned Addl. G.P. invited our attention to the
Government Resolution dated 07th April, 2021 and
more particularly Clause 4.5.1 and would submit
that, the seniority granted to each of these
petitioners who are transferred by mutual transfer
under Rule 6(8)(ii) of the Rules, 1967 is for
granting service benefits, whereas as per Clause
4.5.1 of the said Government Resolution dated 07th
April, 2021, a separate seniority list is required
to be prepared for inter-district transfers.

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4.The learned counsel for parties do not
dispute that, the seniority list is already
prepared under Rule 6(8)(ii) of the Rules, 1967 on
the basis of the said Rule while transfers of each
of these petitioners to different Zilla Parishad.

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5.The learned counsel for the parties do not
dispute that, for the purpose of further transfers,
the provision of the Government Resolution dated
07th April, 2021 would apply and a separate
seniority list only for that limited purpose is
required to be prepared.

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6.Each of these petitioners have made
separate representation in that direction which are
pending before the Authorities.

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7.In view of the limited controversy for the
separate seniority list for the purpose of

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(5)

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902-wp-102-2020 & ors.

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effecting further inter-district transfers in terms
of the Government Resolution dated 07th April, 2021
is yet to be prepared and the representations made
by the petitioners are still pending, we direct the
Chief Executive Officer of respective Zilla
Parishads to consider the pending representations
and based thereon shall give effect to the decision
that would be taken while preparing separate
seniority list for the purpose of effecting inter-
district transfers in terms of Government
Resolution dated 07th April, 2021. The Chief
Executive Officers of respective Zilla Parishads
shall take appropriate decision on or before 29th
April, 2022 after considering the representations
made by each of these petitioners forming a part of
their respective petitions.

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8.In so far as Writ Petition No.3885/2022 is
concerned, the learned counsel for the petitioners
invited our attention to the decision already taken
on 29th March, 2022 by the Zilla Parishad. In view
of the directions given by us by this order in
entire bunch of petitions, we quash and set aside
the said impugned order dated 29th March, 2022 and
direct the Chief Executive Officer, Osmanabad to
prepare the seniority list for the purpose of
effecting inter-district transfers in accordance
with Clause 4.5.1 of the Government Resolution
dated 07th April, 2021.

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(6) 902-wp-102-2020 & ors.

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9.It is made clear that, the Chief Executive
Officer while implementing the direction issued by
us in earlier paragraphs of this order to prepare
seniority list for the purpose of effecting
transfers in accordance with the Government
Resolution dated 07th April, 2022 only.

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10.It is further made clear that, the
impugned order which is subject matter of Writ
Petition No.3885/2022 which is quashed and set
aside in the earlier paragraph of this order is
only for the reason that, this Court has given
direction to the Chief Executive Officers of
respective Zilla Parishads to prepare a separate
seniority list for the purpose of effecting
transfers in compliance with the Government
Resolution dated 07th April, 2021 and without going
into the merits of the facts of that impugned
order.

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11.Writ Petitions are disposed of in
aforesaid terms. There shall be no orders as to
costs.

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12.Parties to act on authenticate copy of
this order.

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Devendra/April-2022

Gajanan Keshav Moharut and Others v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Gajanan Keshav Moharut and Others 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

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Coram

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