Sumati Daulatrao Gavande v. The State Of Maharashtra Through Secretary And Others

*1* 43a60a92wp3379a3427a3495o23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 43 WRIT PETITION NO.3379 OF 2023 GAYABAI MARUTI SHEJWAL AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH SECRETARY AND ANOTHER ...

AND 60 WRIT PETITION NO.3427 OF 2023 SUMATI DAULATRAO GAVANDE

VERSUS

THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS ...

AND 92 WRIT PETITION NO.3495 OF 2023 ALKA GANPAT BANKAR

VERSUS

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

Advocates for the Petitioners : Shri Gajanan K. Kshirsagar, Shri Ravindra V. Gore and Shri V.D. Sapkal, Senior Advocate i/by Shri S.R. Sapkal, in the respective petitions AGP for the Respondents/State : Shri S.K. Tambe and Shri S.P. Tiwari Advocate for the Respondents/ZP : Shri U.B. Bondar ...

CORAM : RAVINDRA V. GHUGE & SANJAY A. DESHMUKH, JJ.

DATE :- 28th March, 2023

*2* 43a60a92wp3379a3427a3495o23 Per Court :- 1.

In Writ Petition No.3495/2023, we grant leave to amend.

2.

In all these matters, the grievance of the Petitioners is that all of them are above 53 years of age. All of them are ladies. All are covered by the Government Resolution dated 07.04.2021 introduced by the State of Maharashtra specifically for regulating the transfers. There is 'Teacher Transfer Management System' (TTMS) developed by the Government of Maharashtra, Rural Development Department. The applications for transfers are permitted online. Options are to be indicated online. List of transferees is to be published online. 3.

Despite there being the Teacher Transfer Management System, which involves minimal human interferance, the list of transferees is published wherein, the names of employees, who are ladies and 53 years of age, are included. The Government Resolution dated 07.04.2021 prohibits transfer of such employees. Transferring such employees, who fall in the special teachers category part-I or it's various parts, to the difficult areas, is contrary to the Government

*3* 43a60a92wp3379a3427a3495o23 Resolution dated 07.04.2021, is the grievance voiced before us. 4.

The learned Advocate representing the Respondent/ Zilla Parishad points out clause 2.4.3 of the Government Resolution dated 07.04.2021, which permits the aggrieved person to lodge an objection on the proposed transfer list within five days of uploading of the tentative list on the website. He further points out clause 5.10.1, which enables the aggrieved person to question the transfer by approaching the Chief Executive Officer. All these Petitioners have directly approached this Court.

5.

The learned Senior Advocate is right in contending that there is no prohibition to approach this Court under Article 226 of the Constitution of India, notwithstanding the clauses under the said Government Resolution permitting redressal of grievances of such Petitioners.

6.

We are of the view that by granting an ad-interim protection in the nature of directing the Zilla Parishad not to transfer the Petitioners, is likely to create more difficulties. The Solution would be worse than the problem itself. Staying such transfers by judicial orders, would virtually bring the entire transfer mechanism to a standstill thereby disturbing the planning

*4* 43a60a92wp3379a3427a3495o23 of transfers made by the concerned authorities in view of the Teacher Transfer Management System. An anamolous situation would be created wherein, the Petitioners, who are under protective orders, would remain at the places where they are and the places where they are to be transferred, would remain vacant. There appears to be wisdom behind introducing the Government Resolution dated 07.04.2021, which enables the authorities to consider the representations and grievances and regulate the transfers by considering such grievances and by resorting to the mechanism of fine tuning, at the institutional level. 7.

The learned Senior Advocate and the learned Advocate appearing for the Petitioners, submit on instructions, that the Zilla Parishad should decide the representations within a time frame.

8.

The learned Advocate for the Zilla Parishad submits that the representations would be decided within the timeline as may be directed by this Court. In any case, the transfer orders would be issued only after the end of the academic year, which would be anytime after 30th April, 2023.

9.

In view of the above, these Writ Petitions are disposed off with the following directions:-

*5* 43a60a92wp3379a3427a3495o23 (a) The Petitioners would tender their individual representations to the Chief Executive Officer, Zilla Parishad, on or before 31.03.2023, in physical form.

(b) The Chief Executive Officer would consider the representations of these Petitioners and arrive at a decision, on or before 10.04.2023.

(c) If the grievance of the Petitioners is still not redressed and if any adverse order is passed, they can approach the Additional Divisional Commissioner, Aurangabad, on or before 15.04.2023. The said Authority would decide such appeals, on or before 21.04.2023.

(d) We make it clear that none of these Authorities would seek extension of time even by a day.

kps (SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE, J.)