Kishor Yashwant Patil And ORS v. The State Of Maharashtra Thr Its Secretary, Mumbai And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO.5386 OF 2023 1] Kishor Yashwant Patil, 2] Ashok Keshavrao Desale 3] Kantilal Chhannu Bhil 4] Anil Madhukar Malpure 5] Rajendra Vasant Somwanshi 6] Dipak Bhatu Patil 7] Hemant Baburao Suryawanshi 8] Suresh Uttam Jadhav 9] Tushar Subhash Bhagare 10] Manoj Yadavrao Pawar 11] Sunil Rajaram Borse 12] Pravin Girdhar Shinde 13] Hemraj Bhaskarrao Biraris 14] Sharad Paulad Salve 15] Hemant Naval Chavhan 16] Suresh Bhiyadu Kokani 17] Raghunath Damu Bagul 18] Nitin Bapu Nerkar 19] Sharad Makkan Chaudhari 20] Smt. Avantika Sharad Chaudhari 1/5
21] Sanjay Dadaji Khairnar 22] Bhagwan Dharmaraj Bagul 23] Raosaheb Pandit Patil 24] Ramraj Shamrao Gaikwad 25] Pradip Amrut Shimpi 26] Anil Pandharinath Shisode 27] Namdev Shravan Patil 28] Jaywant Yashwant Sonawane 29] Jitendrasingh Jawansingh Valvi 30] Prabhakar Motilal Chawan 31] Satilal Lotan Bhamre 32] Ratnadip Jagannath Nerkar 33] Vishnu Jarman Gavit 34] Bhikanrao Sarjerao Salunkhe 35] Shalini Narayan Patil 36] Hasmukh Namdev Chaure 37] Sau. Sangeeta Suresh Jadhav 38] Pravin Gulab Patil 39] Chudaman Tukaram Gardare 40] Sunil Namdeo Nahire 41] Sunil Ukhadu Chavhan 42] Sonu Ramchandra Thakre 43] Chamaru Rajmal Thakre 2/5
44] Ashok Hadkya Raut 45] Jeevan Shempa Bhalkare 46] Bhagwan Natthu Patil 47] Ratillal Nago Samudre 48] Sunil Vitthal Kakulse 49] Pradip Thansing Rajput 50] Ravindra Dagdu Suryawanshi 51] Sanjay Dhondu Satote 52] Pratapsing Karsan Tadavi ...
PETITIONERS
VERSUS
1] The State of Maharashtra through its Secretary Ministry of Rural Development Department, Mantralaya Mumbai-32.
2] The Deputy Secretary Rural Development Department Mantralaya Mumbai.
3] The Chief Executive Officer Zilla Parishad Nandurbar, Tq. & Dist. Nandurbar.
4] The Education Officer (Primary), Zilla Parishad Nandurbar, Tq. & Dist. Nandurbar.
5] Vinsis IT Services (I) Pvt. Ltd., Shivaji Niketan, Tejas Society, Kothrud Pune.
...
RESPONDENTS ...
Advocate for Petitioners : Mr. Kulkarni Shailendra S. AGP for Respondents: Mrs. M.A. Deshpande Advocate for Respondent Nos.3 and 4 : Mr. Pravin Shamrao Patil ...
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CORAM
: MANGESH S. PATIL & SHAILESH P. BRAHME, J.J.
DATE : 04.07.2023 PER COURT :
Heard the learned advocate for the petitioners as also the learned AGP and the learned advocate for the respondent Nos.3 and 4. 2.
The petitioners are the group of primary teachers aggrieved by the transfer order.
3.
When it was pointed out that they have been putting up the individual cause qua each of the petitioners in a collected form even without resorting to the modalities provided in the Government Resolution dated 07.04.2021 of approaching the Chief Executive Officer who is supposed to take decision through a committee, making that order further susceptible to an appeal before the Divisional Revenue Commissioner, the learned advocate for the petitioner, on instructions, seeks leave to withdraw the writ petition but requests that though the earlier representations to the Chief Executive Officer were some individually and others collectively, they may be permitted to make fresh representation separately which can be considered and decided on their own merits within a stipulated time. 4.
The learned advocate for the respondent Nos.3 and 4 submits that if the petitioners make fresh representations those would be considered on their own merits in accordance with the policy and as stipulated in the Government Resolution dated 07.04.2021.
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5.
The writ petition is disposed of with liberty to the petitioners to make fresh representations to the respondent - Chief Executive Officer of the Zilla Parishad separately. On such representation being made the CEO shall take appropriate decision in accordance with the policy within the period stipulated in the Government Resolution.
(SHAILESH P. BRAHME, J.) (MANGESH S. PATIL, J.) habeeb 5/5