Varsha Ganpatrao Sevlikar And Another v. The State Of Maharashtra Through Its Principal Secretary And Others

1 910-WP-4939-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

910 WRIT PETITION NO. 4939 OF 2023 SMT. CHHAYA LAXMANRAO KULKARNI AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH SECRETARY AND ANOTHER Advocate for Petitioners : Mr. Gajanan K. Kshirsagar Advocate for Respondent/State : Mr. V. M. Kagne Advocate for respondent no. 2 : Mr. U. B. Bondar 920 WRIT PETITION NO.5062 OF 2023 USHA NURJI VALVI AND OTHERS

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THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS Advocate for Petitioners : Shinde Balaji S.

AGP for Respondent Nos. 2, 3 and 4: P. S. Patil 925 WRIT PETITION NO.5080 OF 2023 SULOCHANA ATMARAM PATIL

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THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS Advocate for Petitioner : Shinde Balaji S.

AGP for Respondent/State : S. K. Tambe Advocate for respondent nos. 3 and 4 : Mr. U. S. Patil 938 WRIT PETITION NO.5048 OF 2023 FARJANA ISMAIL SAYYAD

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THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

2 910-WP-4939-2023.odt Advocate for Petitioner : Mr. Avinash S. Khedkar AGP for Respondent/State : Mr. S. P. Tiwari Advocate for Respondent Nos. 2 and 3 : Mr. A. D. Aghav WRIT PETITION NO. 5115 OF 2023 SMT. CHHAYA ASARAM DAMAL AND ANOTHER

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THE STATE OF MAHARASHTRA AND OTHERS Advocate for Petitioner : Mr. K. J. Ghute Patil AGP for Respondent/State : Mr. S. P. Tiwari Advocate for Respondent Nos. 2 and 3 : Mr. A. D. Aghav WRIT PETITION NO. 5146 OF 2023 SMT. SANGEETA BABURAO DAFNE AND OTHERS

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THE STATE OF MAHARASHTRA AND OTHERS Advocate for Petitioner : Mr. V. G. Salgare AGP for Respondent/State : Mr. S. P. Tiwari Advocate for Respondent Nos. 3 and 4 : Mr. S. R. Dheple WRIT PETITION NO. 5149 OF 2023 VARSHA GANPATRAO SEVLIKAR AND ANOTHER

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THE STATE OF MAHARASHTRA AND OTHERS Advocate for Petitioner : Mr. V. G. Salgare AGP for Respondent/State : Mr. S. K. Tambe Advocate for Respondent Nos. 3 and 4 : Mr. S. R. Dheple WRIT PETITION NO. 5150 OF 2023 MEENA VITTHALRAO DHAGE AND OTHERS

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3 910-WP-4939-2023.odt THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS Advocate for Petitioner : Mr. V. G. Salgare AGP for Respondent/State : Mr. P. S. Patil Advocate for Respondent Nos. 3 and 4 : Mr. S. R. Dheple CORAM : RAVINDRA V. GHUGE SANJAY A. DESHMUKH, JJ.

DATED : 02nd MAY 2023 PER COURT : - 1.

Leave to correct the name of petitioner no. 2 in Writ Petition No. 5115 of 2023.

2.

In all these petitions, the petitioners are lady teachers who claim protection of the Government Resolution dated 11th February, 2018. It is contended that the State Government has taken a policy decision not to transfer lady teachers to the hilly, difficult, far-flung areas which would be defined as 'difficult areas'. The entire transfer policy is now being implemented through the "Teacher Transfer Management System" module. It is further contended that the software/module used for the same is unaware of the Government Resolution dated 15th February, 2018. Similarly, the Government Resolution dated 07th April, 2021 does not permit transfer of male teachers, who are 53+ on the cut off date, which is considered for transfering such teachers.

4 910-WP-4939-2023.odt 3.

The learned advocates representing the Zilla Parishad submits, on instructions, that the respective Zilla Parishads are taking guidance from the State Government and only after obtaining guidance as regards the lady teachers and those male teachers who are 53+ as on the cut off date, a decision would be taken by the Zilla Parishad with regard to the aggrieved teachers. 4.

In view of the above and keeping in view the several orders passed by this court earlier, these petitions are disposed off. 5.

Needless to state, that the grievance of these petitioners shall be redressed in accordance with the Government Resolutions applicable. Let such decision be arrived at by the respective Zilla Parishads upto 05th June, 2023. Until then, the lady teachers and those male teachers who are 53+ on the cut off date, who have been transferred to difficult areas, would not be relieved. [SANJAY A. DESHMUKH] [RAVINDRA V. GHUGE] JUDGE JUDGE SG Punde