Ullas Vittlalrao Dheple And Others v. The State Of Maharashtra Through The Secretary And Others

2025:BHC-AUG:11578-DB 36 WP 5095 OF 2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 36 WRIT PETITION NO. 5095 OF 2025 ULLAS VITTLALRAO DHEPLE AND OTHERS

VERSUS

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

Advocate for the Petitioner : Mr. P.R. Katneshwarkar, Senior Advocate i/by Mr. Shinde Balaji S.

AGP for Respondent nos. 1 and 2 : Mr. M.K. Goyanka Advocate for Respondent nos. 3 and 4 : Mr. Ms. Vaishali Shinde

CORAM

: MANGESH S. PATIL & Y. G. KHOBRAGADE, JJ.

DATE : 21.04.2025 PER COURT :

Heard the learned Senior Advocate for the petitioners. 2.

Issue notice. The learned A.G.P. waives service for respondent nos. 1 and 2. Learned advocate Ms. Shinde waives service for respondent nos. 3 and 4.

3.

The parties are ad idem that relief being claimed by the petitioners is similar to one solicited and obtained by the petitioner from Writ Petition No. 3106/2025 dated 05.03.2025, and the action solicited in terms of revision of the seniority list in accordance with Government circular dated 28.01.2019 and the Government resolution 07.04.2021.

4.

The learned advocate for respondent nos. 3 and 4 submits that appropriate steps would be taken and the seniority would be fixed in accordance with the Government circular dated 28.01.2019 and the Government resolution 07.04.2021.

5.

In the light of above, the petition is disposed of granting Rule in terms 1/2

36 WP 5095 OF 2025.odt of prayer clause 'B' and 'C', which read as under : "B) By issuing appropriate writ, order or directions in the like nature, kindly direct the respondents to make necessary correction Online Teachers Transfer Management system as per date of mutual transfer seniority dates as per Rule 6(8)(2) of the Maharashtra Zilla Parishad District Services (Recruitment) Rules, 1967, about current district joining date and to consider the petitioners for intr-district transfer.

C) By issuing appropriate writ, order or directions in the like nature, kindly quash and set aside impugned letter dated 28.03.2025 issued by Dy. Secretary, thereby intimating directions given in meeting dated 17.03.2025 held before the Minister of Rural Development in respect of non-considering mutual transfer seniority dates for intrdistrict transfer and impugned letter dated 25.07.2022 issued by respondent no. 1 and letter dated 11.04.2025 issued by E.O. primary Z.P. Ch. Sambhajinagar, thereby directing to change correct mutual seniority dates granted as per letter dated 10.02.2020, and refusing to consider mutual transfer seniority dates for intra-district transfer." ( Y. G. KHOBRAGADE, J.) (MANGESH S. PATIL, J.) mkd/- 2/2