Chaya Dilip Patil v. The State Of Maharashtra Through The Secretary And Others

2025:BHC-AUG:4010-DB 30 WP NO. 1421 OF 2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1421 OF 2025 CHAYA DILIP PATIL

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS ...

Advocate for the Petitioner : Mr. Balaji S. Shinde Addl. GP for Respondent Nos. 1 and 2 : Mr. M. M. Nerlikar Advocate for Respondent Nos. 3 and 4 : Mr. S. B. Pulkundwar h/f. Mr. P. S. Patil ...

CORAM

:

MANGESH S. PATIL & PRAFULLA S. KHUBALKAR , JJ.

DATE : 10.02.2025 PER COURT :

.

The petitioner, being a lady, is seeking transfer to a place other than difficult area.

2.

We have heard both the sides.

3.

The petitioner claims that, in spite of Government Resolution dated 15.02.2018 prohibiting transfer of women to the remote, extreme remote and difficult areas, she was posted in a difficult/remote area by the transfer order in the year 2019. She claims that subsequently, she made representation on 09.10.2024, and still no decision has been taken in the light of similarly placed individuals who had solicited a direction in Writ Petition No. 3995 of 2023 and connected matters, wherein High Court had passed the order on 21.04.2023.

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30 WP NO. 1421 OF 2025.odt 4.

On our query, the learned advocate for the petitioner submits that since the date of her appointment/transfer in the remote or difficult area in the year 2019, her first grievance was made in the form of representation dated 09.10.2024. He also informs that according to the service regulation and government resolutions, the tenure of an employee of the petitioner's cadre at specific posting if it is difficult/remote area is three years elsewhere it is five years. 5.

This demonstrates that the petitioner, having served in the difficult area, was due to transfer in the normal course in the year 2022-23. Still, as informed by her learned advocate, she had never made any application which is to be submitted online for transfer from the extant posting.

6.

Admittedly, the next online transfer process would begin in the month of April-2025.

7.

We dispose of the petition, expecting the petitioner to submit online application and further expecting the respondents to strictly follow the government resolutions, consider the fact that the petitioner is a woman and could not have been posted in the difficult areas.

( PRAFULLA S. KHUBALKAR, J.) (MANGESH S. PATIL, J.) jhs/ 2/2