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Bombay High CourtWP/15555/2022disposed off

Vikas Dilip Aawale And ORS v. The State Of Maharashtra Thr Secretary And ORS

2023-01-09Hon'Ble Shri Justice G.S. Patel,Hon'Ble Shri Justice Shivkumar Dige2 pages

16-ASWP-15555-2022.DOC Arun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 15555 OF 2022 Vikas Dilip Aawale & Ors

...Petitioners

Versus

The State of Maharashtra through Secretary & Ors

...Respondents

Mr Yogesh M Patil, for the Petitioners.

Ms SS Bhende, AGP, for the Respondent-State.

CORAM

G.S. Patel & S.G. Dige, JJ.

DATED:

9th January 2023 PC:- 1.

The Petitioners, all Zilla Parishad teachers, challenge an Intra-District Teachers Transfer List at Exhibit "D". Ms Bhende, learned AGP, is correct in pointing out that the Government ARUN RAMCHNDRA SANKPAL Resolution of 7th April 2021 at Exhibit "C" on page 92 says in ARUN RAMCHNDRA SANKPAL Date: 2023.01.10 10:30:35 +0530 regard to such teacher list in clause 2.4 on page 97 that any teacher aggrieved by a transfer list has a right to make a representation to the named authorities. That representation would be decided within seven days. If aggrieved, the teacher has an appellate remedy. 2.

The Petitioners do not seem to have followed this available alternative remedy at all. We grant them the liberty to do so and we 9th January 2023

16-ASWP-15555-2022.DOC direct the authorities concerned to consider any such representation or application on merits irrespective of any question of delay on the part of the Petitioners.

3.

The Petition is disposed of in these terms. There will be no order as to costs.

(S.G. Dige, J) (G. S. Patel, J) 9th January 2023