Surekha Rangnath Phapale v. The State Of Maharashtra Through Its Secretary And Others
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 915 WRIT PETITION NO.3995 OF 2023 VAISHALI SHARAD GHUGE AND OTHERS THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS ...
916 WRIT PETITION NO.4020 OF 2023 MEERA SHANKARRAO KANHERKAR THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...
917 WRIT PETITION NO.4021 OF 2023 BALU VITHHAL SHINDE AND OTHERS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...
918 WRIT PETITION NO.4023 OF 2023 MANGAL SAHEBRAO NARWADE THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...
919 WRIT PETITION NO.4025 OF 2023 SANJIVANI PUNJAJI GORDE THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...
-2920 WRIT PETITION NO.4031 OF 2023 MANGAL MADHAV MADHAVE THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...
921 WRIT PETITION NO.4032 OF 2023 SUREKHA RANGNATH PHAPALE THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...
922 WRIT PETITION NO.4034 OF 2023 ALKA ROHIDAS TATHE THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...
923 WRIT PETITION NO.4226 OF 2023 ALKA VISHWNATH PATIL AND ANOTHER THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS ...
924 WRIT PETITION NO.4230 OF 2023 KISHOR NATHURAM BIRHARI AND ANOTHER THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS ...
WRIT PETITION NO.4405 OF 2023 SUCHITA LAXMAN SADARE AND ANOTHER
-3THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS .....
WRIT PETITION NO.4676 OF 2023 SURENDRAKUMAR LUNAJI JASUD THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS .....
WRIT PETITION NO.4733 OF 2023 PRATIMA SARJERAO DHAMANE THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS .....
Advocate for Petitioners : Mr. B.S Shinde, Mr. P.R. Katneshwar, Mr. A.S. Khedkar, A.P Ghute Patil R.S. Banik (in respective petitions) AGP for Respondents: Mr. S.P. Tiwari, V.M. Kagne, Mr. S.K. Tambe, Mr. S.G. Karlekar, Mr. P.S. Patil Advocate for Respondent Nos. 3 & 4 (Wp No.3995/2023) : Mr. P.S. Patil Advocate for Respondent Nos. 3 & 4 (Wp No.4226 and 4230/2023) : Mr. S.R. Dheple Advocate for Respondent- Z.P Ahmednagar : Mr. A.D. Aghav .....
CORAM : RAVINDRA V. GHUGE AND SANJAY A. DESHMUKH, JJ.
DATED : 21st APRIL, 2023.
PER COURT :- 1.
The Writ Petition Nos. 4405 of 2023, 4676 of 2023 and 4733 of 2023, are not on board. By consent of the parties, taken on Board.
2.
In all these Petitions, except Writ Petition Nos. 4021 of
-42023, 4230 of 2023 and 4676 of 2023, all other Petitioners are ladies. In Writ Petition No. 4021 of 2023, out of 9 Petitioners, Petitioner Nos.1, 2, 3, 4 and 7 are males. These five Petitioners are 53+ in age. In Writ Petition No. 4230 of 2023, both the Petitioners are males who claim to be 53+ in age. In writ petition No. 4676 of 2023, the single male Petitioner, also claims to be 53+ in age. 3.
There is no dispute that the Government Resolution dated 15.2.2018, prohibits transfer of ladies to the remote, extreme remote and difficult areas. By Government Resolution dated 7.4.2021, those male teachers, who are 53+ , are also protected from transfer to tribal, remote, very remote and difficult areas. Admittedly, all these lady Petitioners, as well as the 8 male Petitioners, are covered by these two Government Resolutions and cannot be transferred to hilly/difficult areas.
4.
On these premises, all these Petitions deserve to be allowed. However, the learned advocates representing the respective Zilla Parishads, submit that since a special committee has been formed by each of the Zilla Parishads to look into the grievances of such Petitioners, the claim of all these Petitioners would be considered and a decision would be arrived at, on or before 10.05.2023.
5.
In view of the above, though we were about to allow
-5these Petitions, at the request of the learned advocates for the Zilla Parishads, these Petitions are disposed off with directions to the respective Zilla Parishads to initiate remedial steps to ensure that the lady teachers, covered by the Government Resolution dated 15.02.2018 and the male teachers who are covered by the Government Resolution dated 7.4.2021, would not be transferred to the hilly region. In case of male teachers, the respective Zilla Parishads would enter into an age verification exercise to find out as to whether any of the teachers were less than 53, on the date of the issuance of the transfer orders. This exercise shall be completed on or before 10.05.2023.
6.
In the event any application/representation has not been filed by any of these Petitioners, their Petitions may be treated as their applications.
(SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE , J.) rlj/