Jitendra Devidas Khor and Ors. vs the State of Maharashtra Thru. Secretary and Ors. — Bombay HC (2025) — LawSathi Research

Jitendra Devidas Khor and Ors. vs the State of Maharashtra Thru. Secretary and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Permission granted to the Zilla Parishad to scrutinise each Petitioner's case by verifying records and assess eligibility/transferability; transfer orders to be issued only for those found eligible; Petitioners not due for transfer under the G.R. dated 18.6.2024 to be excluded from the list of transferable candidates; no relieving orders until that decision is arrived at; three weeks' time granted to complete the exercise.

Issue for consideration

Whether Petitioners who have worked for less than 5 years at a particular location could be placed in the list of transferable employees, notwithstanding Clause 1.10 of the Government Resolution dated 18.6.2024.

Court's answer

The Court permitted the Zilla Parishad to scrutinise each Petitioner's case by verifying the records, so as to assess which candidates/Petitioners would be eligible for transfer and transferable, recording the Zilla Parishad's statement to that effect.

Ratio / Principle

As recorded by the Court pursuant to the Zilla Parishad's statement, only those Petitioners found due for transfer are to have transfer orders issued; Petitioners not due for transfer in the light of the G.R. dated 18.6.2024 are to be excluded from the list of transferable candidates, and no relieving orders are to be issued until that decision is arrived at.

Key takeaways

At least three weeks' time was granted to the Zilla Parishad to complete the scrutiny exercise.ratio¶5
In view of the above, the Petitions were disposed of.ratio¶6

Detailed headnote1 paragraphs

Transfer – Zilla Parishad employees – Petitioners working less than 5 years at a particular location placed in list of transferable employees – Clause 1.10 of Government Resolution dated 18.6.2024 (issued after considering G.Rs. dated 7.4.2021, 13.1.2023, 14.3.2023 and 21.6.2023) renders candidates with less than 5 years at a location non-transferable, save exceptions such as 'couple convenience' strictly prescribed under the Government Resolutions – On the Zilla Parishad's statement, Court permits case-wise scrutiny of records to determine eligibility/transferability; transfer orders only for those due for transfer; those not due under G.R. dated 18.6.2024 to be excluded from transferable list; no relieving orders until scrutiny decision – Three weeks granted to Zilla Parishad – Writ petitions disposed of. (Bench: Ravindra V. Ghuge & Ashwin D. Bhobe, JJ.; Bombay High Court, 19.09.2025; connected WPs 10136, 10139, 10141, 11070 & 11071 of 2025.)

Digitally signed by ARUNA ARUNA SANDEEPTALWALKAR SANDEEP TALWALKAR Date:2025.09.22 18:38:27 +0530

1-3.WP10136.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 10136 OF 2025

Ramesh Raghunath Gohil And Ors. … Petitioners. V/s. The State of Maharashtra & Ors. … Respondents.

WITH

WRIT PETITION NO. 10141 OF 2025

Hemant Nivrutti Bondre And Ors. … Petitioners. V/s. The State of Maharashtra & Ors. … Respondents.

WITH

WRIT PETITION NO. 10139 OF 2025

Pradeep Narayan Patil & Ors. … Petitioners. V/s. The State of Maharashtra & Ors. … Respondents.

WITH

WRIT PETITION NO. 11070 OF 2025

Jitendra Devidas Khor & Ors. … Petitioners. V/s. The State of Maharashtra & Ors. … Respondents.

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1-3.WP10136.2025.odt

WITH

WRIT PETITION NO. 11071 OF 2025

Kiran Ramdas Sonawane & Ors. … Petitioners.

V/s.

The State of Maharashtra & Ors. … Respondents.

Mr. Vivek B. Rane, Advocate for Petitioner in WP/10136/2025, WP/11070/2025 & WP/11071/2025.

Mr. Vivek B. Rane i/b. Balaji Shinde, in WP/10139/2025 & WP/10141/2025.

Mr. Ashwin R. Kapadnis, Advocate for Respondent Nos. 3 & 4 Nashik ZP in WP/10136/2025 & WP/11071/2025.

Mr. Jitendra Kore, Advocate for Respondent Nos. 3 and 4 Nashik ZP in WP/11070/2025.

Mr. P.P. Kakade, Addl. G.P. a/w. Mr. S.H. Kankal, AGP for Respondent/State in WP/10136/2025.

Ms. P.B. Chavan, AGP for Respondent/State in WP/10141/2025. Mr. S.L. Babar, AGP for Respondent/State in WP/10139/2025. Ms. P.N. Diwan, AGP for Respondent/State in WP/11071/2025.

CORAM : RAVINDRA V. GHUGE AND

ASHWIN D. BHOBE, JJ. DATE : 19^TH SEPTEMBER, 2025

P.C. :

In these matters, grievance of the Petitioners is that they

have been placed in the list of transferable employees, though they have

been working for less than 5 years at a particular location.

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Mr. Vivek Rane, the learned Advocate for the Petitioners in all the Petitions, submits that these Petitioners are covered by Clause 1.10 of the Government Resolution dated 18.6.2024, which is issued after taking into account the earlier Government Resolutions dated 7.4.2021, 13.1.2023, 14.3.2023 and 21.6.2023. Therefore, those candidates who have completed less than 5 years at a particular location, are not transferable and are not eligible for transfer, save and except, in cases like, ‘couple convenience’ or any other such aspects, strictly prescribed under the Government Resolutions.

Mr. Kapadnis, the learned Advocate for the Zilla Parishad submits that, if this Court permits the Zilla Parishad to scrutinize each case of these Petitioners by verifying the records, the Zilla Parishad would be in a position to make an assessment as to which of the candidates/Petitioners would be eligible for transfer and would be transferable. Only in such cases, transfer orders would be issued. Those Petitioners who are not due for transfer, in the light of the G.R. dated 18.6.2024, would be excluded from the list of transferable candidates.

Until such a decision is arrived at, the Zilla Parishad would not be

issuing relieving orders to these Petitioners.

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We have recorded the above statement and we grant such

permission.

The learned Advocate for the Zilla Parishad prays for at least 3 weeks’ time to the Zilla Parishad to complete the above exercise. The said request is accepted.

In view of the above, these Petitions are disposed off .

(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)

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