Minakshi Shivaji Nikam and Others vs the State of Maharashtra and Others

Ms. S. B. Pethkar, Advocate h/f. Ms. V. A. Shinde, Advocate for Respondent Nos. 3 and 4/ Zilla Parishad, Chh. Sambhajinagar in WP/10815/2025, WP/10817/2025, WP/10819/2025, WP/10820/2025.

CORAM : MANISH PITALE AND Y. G. KHOBRAGADE, JJ.

DATE : 04.09.2025

PER COURT :

These are bunch of petitions filed by the petitioners, who are working as teachers in various Zilla Parishad schools. These pertain to Zilla Parishad of various districts and all the petitioners are aggrieved by impugned transfer orders. The documents on record show that the petitioners in these petitions have been transferred by orders dated 21.08.2025 and 22.08.2025. Apart from other issues raised in these petitions, a common thread in these petitions pertains to what is termed as the policy of couple convenience under the transfer policy as per the Government Resolution dated 18.06.2024. The petitioners herein claim that they are entitled to be treated in special category – ‘II’ as per clause 1.9 and its various sub clauses of the said Government Resolution dated 18.06.2024, read with clause 4.3 and various sub clauses thereof.

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After having heard learned counsel for the petitioners, we find that various grievances are raised in the present petitions while challenging the impugned transfer orders, including the claim of the petitioners that they have been deprived of the policy of couple convenience under the aforesaid clauses of the Government Resolution dated 18.06.2024.

Apart from the aforementioned contention pertaining to the policy of the couple convenience, the other issue raised in the present petition pertains to clause 5.6 of the Government Resolution dated 18.06.2024, which stipulates that ordinarily such transfers of Zilla Parishad employees shall be undertaken only once between 01-May to 31-May. It is an admitted position that in the case of all the petitioners in these petitions, the transfer orders have been issued on 21.08.2025 and 22.08.2025, which is much beyond 31.05.2025.

There is no specific reason recorded in the impugned transfer orders indicating any specific contingency or circumstances warranting issuance of such transfer orders, which can be said to be mid term. To that extent, we are inclined to hold that a prima facie case is made out by the petitioners in their favour to consider the present petitions and in the meanwhile to direct an order of status quo as on today.

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It is relevant to note that in the case of similarly situated employees of the Zilla Parishads, wherein similar grounds have been raised at the Principal Seat of this High Court, orders of status quo have been granted and the petitions are pending consideration.

The learned AGPs appearing in these petitions rely upon clause 5.10 and its sub-clauses to contend that an appropriate grievance redressal mechanism is provided under the Government Resolution dated 18.06.2024 and in view of the alternative remedy, the present petition ought not to be entertained. We are of the opinion that such an objection can be considered after the respondents file their reply affidavits so that the entire relevant material is before this Court to examine the contentions raised on behalf of the petitioners. We are of the opinion that after necessary documents are placed before this Court, a view can be taken with regard to the aspect of couple convenience raised on behalf of the petitioners in these petitions.

In view of the above, issue notice, returnable on 03.10.2025 . The learned Addl.GP and AGPs waive notice on behalf of respondent – the State Authorities. Mr. Dheple, learned advocate waives notice on behalf of respondent Nos. 3 and 4/Zilla Parishad, Chh. Sambhajinagar in WP/9922/2025. Ms. Pethkar, Advocate holding for Ms. V. A. Shinde, Advocate waives notice on behalf of respondent –

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Zilla Parishad, Chh. Sambhajinagar in in WP/10815/2025,

WP/10817/2025, WP/10819/2025, WP/10820/2025.