Mahanand Natthuji Rayke and Others vs State of Maharashtra, Thr. Secretary, Department of Rural Development, Mumbai and Ors.

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2025:BHC-NAG:8418-DB

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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NAGPUR BENCH, NAGPUR

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WRIT PETITION NO.2234/2025

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Mahanand Natthuji Rayke, Aged about 48 years, Occ; Assistant Teacher, C/o Zilla Parishad Upper Primary School, Dhanora (Mhali), P.S. Chandur Railway, Tah. Chandur Railway, District Amravati.

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Varsha Kishor Kandalkar, Aged about 47 years, Occ; Assistant Teacher, C/o Zilla Parishad Upper Primary School, Gurudeo Nagar, P.S. Tiosa, District Amravati. ( deleted as per Court’s order dated 30.07.2025 )

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Swati Ashokrao Khatarkar, Aged about 36 years, Occ; Assistant Teacher, C/o Zilla Parishad Upper Primary School, Taroda, P.S. Chandur Railway, Tah. Chandur Railway, District Amravati.

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Shilpa Rameshpant Deshmukh, Aged about 45 years, Occ: Assistant Teacher, C/o Zilla Parishad Upper Primary School, Umarkhed, Tah. Morshi, District Amravati. ( deleted as per Court’s order dated 30.07.2025 )

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Savita Surendrasingh Gailwar, Aged about 51 years, Occ: Assistant Teacher, C/o Zilla Parishad Upper Primary School, Chamak (Bk), P.S. Achalpur, Tah. Achalpur, District Amravati.

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Seema Pandurang Landge, Aged about 37 years, Occ; Assistant Teacher, Zilla Parishad Upper Primary School, Waigaon, P.S. Bhatkuli, Tah. Bhatkuli, District Amravati.

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Megha Bhagwatrao Hiwase, Aged about 39 years, Occ: Assistant Teacher, C/o Zilla Parishad Upper Primary School, Nizampur, P.S. Achalpur, Tah. Achalpur, District Amravati.

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Gangotri Bhashkarrao Bansod, Aged about 44 years, Occ: Assistant Teacher, C/o Zilla Parishad Upper Primary School, Mundwada, P.S. Nandgaon (Khandeshwar), Tah. Nandgaon, District Amravati.

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Tejaswani Nitin Lokhande, Aged about 50 years, Occ: Assistant Teacher, C/o Zilla Parishad Upper Primary School, Mahuli (Chor), P.S. Nandgaon (Khandeshwar), Tah. Nandgaon (Khandeshwar), District Amravati.

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Alka Diliprao Bhumbarkar, Aged about 49 years, Occ: Assistant Teacher, C/o Zilla Parishad Primary Middle School, Nandgaon P.S. Warud, Tah. Warud, District Amravati.

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Ragini Rajkumar Shelke, Aged about 36 years, Occ: Assistant Teacher, C/o Zilla Parishad Upper

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Primary School, Rohankhed, P.S. Morshi, Tah. Morshi, District Amravati.

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Sangita Bhaskarrao Tope, Aged about 47 years, Occ: Assistant Teacher, C/o Zilla Parishad Upper Primary School, Shingnapur, P.S. Daryapur, Tah. Daryapur, District Amravati.

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Priti Gangadharrao Aware, Aged about 44 years, Occ: Assistant Teacher, C/o Zilla Parishad Upper Primary School, Dhanora (Mhali), P.S. Chandur Railway, Tah. Chandur Railway, District Amravati.

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Chaitali Rajendra Lohe, Aged about 47 years, Occ: Assistant Teacher, C/o Zilla Parishad Upper Primary School, Sawarkhed, P.S. Morshi, Tah. Morshi, District Amravati.

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Shilpa Purshotta, Raut, Aged about 41 years, Occ: Assistant Teacher, C/o Zilla Parishad Upper Primary School, Brahmandwada (Bhagat), District Amravati.

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Aparna Arunrao Adulkar, Aged about 49 years, Occ: Assistant Teacher, C/o Zilla Parishad Primary Middle School, Sawali (Bk), P.S. Achalpur, Tah. Achalpur, District Amravati.

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Jyoti Sunil Khode, Aged about 53 years, Occ: Assistant Teacher, C/o Zilla Parishad Primary Middle School, Wagholi (Bk), P.S. Amravati, Tah. and District Amravati.

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Jyoti Ramdas Malkhede, Aged about 41 years, Occ: Assistant Teacher, C/o Zilla Parishad Primary Middle School, Pathrot, P.S. Achalpur, Tah. Achalpur, District Amravati.

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Nikhat Mahjabeen Mohd. Naimur Rahman, Aged about 53 years, Occ: Assistant Teacher, C/o Zilla Parishad Urdu School, Takarkheda, P.S. Bhatkuli, District Amravati.

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Pramita Mahesh Khojare, Aged about 40 years, Occ: Assistant Teacher, C/o Zilla Parishad Primary School, Kondali, P.S. Achalpur, Tah. Achalpur, District Amravati.

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Seema Gajanan Datir, Aged about 49 years, Occ: Assistant Teacher, C/o Zilla Parishad Primary Middle School, Chincholi Gawali, P.S. Moshri, Tah. Morshi, District Amravati.

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Vijaya Ganeesh Gulhane, Aged about 50 years, Occ: Assistant Teacher, C/o Zilla Parishad Higher Primary School, Anjanwati, P.S. Dhamangaon Railway,

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	Tah. Dhamangaon Railway, District Amravati.
23.	Sushama Ajayrao Deshpande, Aged about 50 years, Occ: Assistant Teacher, C/o Zilla Parishad Upper Primary School, Roshankheda, P.S. Warud, Tah. Warud, District Amravati.
24.	Rohini Rameshrao Dikkar, Aged about 40 years, Occ: Assistant Teacher, C/o Zilla Parishad Primary School, Talani, P.S. Morshi, Tah. Morshi, District Amravati.
25.	Gitanjali Vithobaji Gaikwad, Aged about 45 years, Occ: Assistant Teacher, C/o Zilla Parishad Primary School, Ghodasgaon, P.S. Anjangaon (Surji), Tah. Anjangaon (Surji) Tah. Morshi, District Amravati. ...VERSUS…	... PETITIONERS
1.	State of Maharashtra, Through its Secretary, Department of Rural Development, ‘ Mantralay, Mumbai-32.
2.	Zilla Parishad Amravati, Through its Chief Executive Officer, Amravati.
3.	Education Officer (Primary), Zilla Parishad, Amravati.

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Committee for Inter District Teacher Transfer Procedure, through its Chairman, Chief Executive Officer, Zilla Parishad, Amravati.

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... RESPONDENTS

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Shri P.R. Parsodkar, Advocate for petitioners Shri H.D. Marathe, AGP for respondent No.1/State Shri S.S. Shinde, Advocate for respondent Nos.2 to 4

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CORAM : ANIL S. KILOR AND AJIT B. KADETHANKAR, JJ.

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DATED: 20.08.2025

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ORAL JUDGMENT (PER ANIL S. KILOR J.)

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. Heard learned Counsel for the respective parties.

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In the present petition, it is the case of the petitioners

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that despite there is a declaration by the Collector, Amravati that Taluka Dharni and Chikhaldara are difficult areas, the petitioners who are the lady teachers have been transferred to such Talukas.

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To oppose these transfers, it is pointed out that there is a policy of the Government not to transfer lady teachers in difficult areas. Shri Parsodkar, learned Counsel for petitioners has placed

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reliance upon the Government Resolution dated 15.02.2018. He has further pointed out that on 23.02.2018, the Chief Execution Officer, Zilla Parishad, Amravati, issued a list of villages of Taluka Dharni and Chikhaldara declaring the same not fit for transfer of lady teachers, being difficult area.

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He has pointed out that out of 25 petitioners, 21 petitioners have already been joined the posts of transfer. However, petitioner Nos. 8, 12, 14 and 16 have not yet joined. It is pointed out that petitioner Nos.8, 12,14, and 16 have been transferred to the places enlisted as difficult area not fit for transfer of lady teachers vide above referred Circular dated 23.02.2018. Accordingly, he prays for quashing and setting aside the transfer orders of petitioner Nos.8, 12,14, and 16.

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On the other hand, learned Counsel for the Zilla Parishad points out that as per the Government Resolution dated 15.02.2018, the bar is created to transfer lady teachers subject to fulfillment of two conditions: 1) the place where the transfer is made is a difficult area, and 2) declaration by Chief Executive

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Officer that such place is not fit and suitable for transfer of lady teachers. It is pointed out that though vide circular dated 23.02.2018, the list was published of the difficult area and the places which are not fit and suitable for transfer of lady teachers, subsequently, in the year 2023, the same came to be modified and taluka Dharni and Chikhaldara, are declared as difficult places but not the places which are not fit for transfer of lady teachers. It is further pointed out that vide letter dated 09.09.2024, it is again made clear that taluka Dharni and Chikhaldara are difficult areas but in the said letter no declaration is made that the said talukas are not fit and suitable for transfer of lady teachers. He therefore, submits that unless these two conditions are fulfilled, no relief as claimed by the petitioners can be granted.

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Having heard the learned Counsel for the respective parties and on perusal of the record, it is evident that there are two conditions stipulated for creating a bar to transfer of lady teachers. For this purpose, it would be beneficial to refer to the relevant portion of Government Resolution dated 15.02.2018.

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“1- jkT;krhy ftYgk ifj”kns varxZr ;s.kk&;k T;k ‘kkGk vo?kM {ks= Eg.kwu ?kks”khr dj.;kr vkysY;k vkgsr o v’kk ‘kkGk T;k

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vfrnqxZe Hkkxkr vkgsr vkf.k LFkkfud ifjfLFkrheqGs efgyk f’k{kdkauk dke dj.;kl izfrdqy v’kk vo?kM {k=krhy ‘kkGks efgyk f’k{kdklkBh dke dja .;kl izfrdqy Eg.kwu ?kkf”kr djs .;kph dk;okghZ loZ eq[; dk;Zdkjh vf/kdkjh ftYgk ifj”kn ;kauh djkoh-”

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From the above referred clause, it is evident that there shall be a declaration by the Chief Executive Officer, Zilla Parishad, Amravati, declaring the area not fit and suitable for working of lady teachers being difficult area.

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In the present matter, no doubt that there is a declaration by the Chief Executive Officer, Zilla Parishad, Amravati, the Taluka Dharni and Chikhaldara, are the difficult areas. However, earlier declaration that these talukas are not fit and suitable for working of lady teachers came to be subsequently modified in 2023, and maintained till date, whereby, though the taluka Dharni and Chikhaldara are declared as difficult areas, but there is no declaration that these talukas are not fit and suitable for working of lady teachers.

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Learned Counsel for the petitioners has placed reliance upon the judgment of this Court in the case of Hanumant Hirachand

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Saklave and others Vs. State of Maharashtra and other, dated 01.04.2025, passed in Writ Petition No. 9495/2023 . It is argued that in the said judgment, this Court has held that a declaration of a particular area as a difficult area is also sufficient to create a bar for transfer of lady teachers. We do not agree with this view for the simple reason that the Clause-1 of the Government Resolution dated 15.02.2018, does not say so. Furthermore, there is no anomaly in the said clause of Government Resolution dated 15.02.2018. The interpreting made by this Court is the only possible interpretation.

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In the circumstances having held so, we are of the opinion that this petition lacks any merit and it needs to be dismissed.

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At this stage, learned Counsel for the petitioners states that earlier also the petitioners have worked in difficult area and once they have worked in the difficult area, they should not have transferred as per Government Resolution dated 18.06.2024. However, this ground is not raised in the petition, therefore, we are of the opinion that in the interest of justice, if the liberty is granted

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to the petitioners to make a representation to the Chief Executive Officer, Amravati, the purpose would be served. Accordingly, we pass the following order :

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ORDER

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i) The Writ Petition is dismissed.

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ii) The petitioners are at liberty to make a representation to the Chief Executive Officer, Zilla Parishad, Amravati, raising a challenge to the transfer on the grounds other than the grounds raised in the present writ petition. If such representation/appeal is made, the Chief Executive Officer, Zilla Parishad, Amravati, is directed to decide the same within one month from the date of making of such representation/Appeal, in accordance with law.

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The Writ Petition is disposed of accordingly. No order

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as to costs.

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( AJIT B. KADETHANKAR, J.) (ANIL S. KILOR, J.)

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R.S. Sahare

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Signed by: Mrs. Ranjana Sahare Designation: PA To Honourable Judge Date: 26/08/2025 19:06:04

Mahanand Natthuji Rayke and Others v. State of Maharashtra, Thr. Secretary, Department of Rural Development, Mumbai and Ors.

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Mahanand Natthuji Rayke and Others v. State of Maharashtra, Thr. Secretary, Department of Rural Development, Mumbai and Ors.

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