Disposed

Kishor Girmaji Kurwatkar and Others v. the State of Maharashtra, Thr. Secretary, Rural Develoment Dept., Mumbai and Others

Bombay HC23 Oct 2023WP/495/2023

Case brief

AI extract

What is this about?

Teachers seeking transfer from remote areas were granted interim directions. The Zilla Parishad must initiate counseling to identify vacant posts. Transfers will occur upon availability of relievers.

What did the court decide?

Zilla Parishad directed to undertake counseling within six weeks; petitioners to be relieved upon joining of appointee relievers; no order as to costs.

Kishor Girmaji Kurwatkar and Others Vs the State of… — Service and Employment | Bombay HC (2023)

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2023:BHC-NAG:15677-DB

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36B WP-495-2023

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.

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WRIT PETITION NO.855 OF 2023

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[Kishor Shivramji Kuthe and Ors. ..V/s.. The State of Maharashtra and Ors.]

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WITH

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WRIT PETITION NO.495 OF 2023

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[Kishor Girmaji Kurwatkar and Ors. ..V/s.. The State of Maharashtra and Ors.]

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Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order

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and Registrar's orders.

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Mr P. S. Kshirsagar, Advocate for Petitioners. Mr A. A. Madiwale, AGP for Respondent No.1/State. Mr S. D. Zoting, Advocate for Respondent No.2 and 3.

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CORAM : A. S. CHANDURKAR AND ABHAY J. MANTRI, JJ. DATE : 23rd OCTOBER, 2023.

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Rule. Rule made returnable forthwith and heard the learned counsel for the parties.

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Each petitioner who is serving as teacher at various schools run by the Zilla Parishad, Gadchiroli seeks consideration of the request for transfer in the light of Government Resolution dated 07.04.2021. According to the petitioners, they have rendered service of more than three years in difÏcult and remote areas and hence they are entitled to be posted in plain areas. The only reason for not relieving the petitioners is that there are no relievers available with the Zilla Parishad, Gadchiroli who can be posted at the place of the petitioners.

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Pursuant to the order dated 03.10.2023, afÏdavit has been filed on behalf of the Education OfÏcer (Primary) stating

TAMBE

36B WP-495-2023

therein that unless any Assistant Teacher is newly appointed or is available for being posted in the place of the petitioners, it would not be possible to relieve the present petitioners. In Paragraph 11 of the said afÏdavit-in-reply, it has been stated that as and when newly appointed Assistant Teachers are available and they are issued the appointment orders, they could be treated as relievers of the present petitioners.

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In aforesaid facts, we find that the following order would serve the interest of justice : i) The Zilla Parishad, Gadchiroli shall undertake the process of counseling of the petitioners which would be a step towards relieving them from the difÏcult and remote areas after relievers are available for being posted in their place. While undertaking the process of counseling all vacant posts available may be indicated insofar as the petitioners are concerned.

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ii) The process of counseling be completed within a period of six weeks from the date of receipt of this order. As and when relievers are available to be posted in the place of the petitioners, Zilla Parishad, Gadchiroli shall pass appropriate orders in that regard which would include the orders of transfer of the concerned petitioners. It is clarified that the petitioners would be relieved only after the relievers in their place join the duties.

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With aforesaid directions the Rule is disposed of with no order as to costs.

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(ABHAY J. MANTRI, J.) (A. S. CHANDURKAR, J.)

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TAMBE

Kishor Girmaji Kurwatkar and Others v. the State of Maharashtra, Thr. Secretary, Rural Develoment Dept., Mumbai and Others

Case brief

What is this about?

What did the court decide?

Kishor Girmaji Kurwatkar and Others v. the State of Maharashtra, Thr. Secretary, Rural Develoment Dept., Mumbai and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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