Ganesh S/O Shalikramji Bhagat And Others v. State Of Maha., Thr. Secy., Rural Development And Water Conservation Dept., Mumbai And ORS.

wp545.23 and connected (corrected)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION No s . 545/2023, 552/2023, 683/2023 & 684/2023

(1) WRIT PETITION NO.

545/2023 1.

Ganesh s/o Shalikramji Bhagat, aged about 42 years, Occu. Service, Asstt. Teacher in Zilla Parishad Primary School, Chutiya, Panchayat Samiti-Dharni, Dist. Amravati 2.

Ajay s/o Laxmanrao Sao, aged about 51 years, Occu.Assistant Teacher, Zilla Parishad Primary School, Nardu, Panchayat Samiti-Dharni, Dist. Amravati.

3.

Nlilesh s/o Manohar Rase, aged about 42 years, Occu.Asstt. Teacher, Zilla Parishad Primary School, Mandu, Dist. Amravati.

4.

Harshal Motiram Sinkar, aged about 34 years, Occu.Asstt. Teacher, Zilla Parishad Primary School, Akhi, Panchayat Samiti-Dharni, Dist. Amravati.

wp545.23 and connected (corrected) 5.

Sunil S. Sapkal, aged about 50 years, Occu.Sub Teacher, Zilla Parishad Primary School, Mandu, Dist. Amravati.

6.

Dr.Ajay V. Murade, aged about 45 years, Occu : Asstt. Teacher, Zilla Parishad Primary School, Goulkheda, Dist. Amravati.

7.

Dhanraj S. Kande, aged about 41 years, Occu.Assistant Teacher, Zilla Parishad Primary School, Tingrya, Dist. Amravati.

8.

Ku. Rajni A. Raghuwanshi, aged about 42 years, Occu.Asstt.Teacher, Zilla Parishad Primary School, Bijudhawadi, District Amravati.

9.

Pramod S. Ghatol, aged about 46 years, Occu. Sub Teacher, Zilla Parishad Upper Primary School, Kusumkot (Bu), Dist. Amravati.

10. Karuna Vikas Bhele, aged about 40 years,

wp545.23 and connected (corrected) Occu.Asstt.Teacher, Zilla Parishad Upper Primary School, Baru, Dist. Amravati.

11. Ramkrushna S. Chavan, aged about 48 years, Occu.Asstt.Teacher, Zilla Parishad Upper Primary School, Katkhumbh, Dist. Amravati.

12. Vijay L. Thakur, aged about 45 years, Occu.Asstt. Teacher, Zilla Parishad Upper Primary School, Patiya, Dist. Amravati.

13. Abhay V. Pachaghar, aged about 51 years, Occu.Asstt. Teacher, Zilla Parishad Upper Primary School, Morgad, Dist. Amravati.

14. Rahul K. Bind, aged about 45 years, Occu.Asstt. Teacher, Zilla Parishad Upper Primary School, Aaki, Dist. Amravati.

15. Bharat N. Ramteke, aged about 50 years,

wp545.23 and connected (corrected) Occu.Sub Teacher, Zilla Parishad Upper Primary School, Morgad, Dist. Amravati.

16. Reshma R. Dhoke, aged about 47 years, Occu.Asstt. Teacher, Zilla Parishad Upper Primary School, Dadra, Dist. Amravati.

17. Ravindra R. Vilhekar, aged about 49 years, Occu.Asstt. Teacher, Zilla Parishad Upper Primary School, Goborkahu, Dist. Amravati.

18. Suresh S. Damle, aged about 50 years, Occu. Asstt. Teacher, Zilla Parishad Upper Primary School, Marita, Dist. Amravati.

19. Mahendra P. Kale, aged about 48 years, Occu.Asstt. Teacher, Zilla Parishad Upper Primary School, Sawalikheda, Dist. Amravati.

20. Avinash O. Meshram, aged about 48 years,

wp545.23 and connected (corrected) Occu.Asstt. Teacher, Zilla Parishad Upper Primary School, Chamkhadi, Dist. Amravati.

21. Madhuri A. Dhudhe, aged about 40 years, Occu.Asstt. Teacher, Zilla Parishad Upper Primary School, Tarubanda, Dist. Amravati.

22. Chetan S. Chavan, aged about 39 years, Occu.Asstt. Teacher, Zilla Parishad Primary School, Temali, Dist. Amravati.

23. Kanchan K. Rathod, aged about 35 years, Occu.Asstt. Teacher, Zilla Parishad School, Zapal, District Amravati.

24. Ashwini U. Banode, aged about 37 years, Occu.Asstt. Teacher, Zilla Parishad School, Dhakarmal, District Amravati.

25. Shubhangi B. Kholapure, aged about 42 years,

wp545.23 and connected (corrected) Occu.Asstt. Teacher, Zilla Parishad School, Ghuti, Dist. Amravati.

26. Pankaj A. Thakur, aged about 42 years, Occu.Asstt. Teacher, Zilla Parishad School, Kanjoli, District. Amravati.

27. Sarang K. Dhamankar aged about 41 years, Occu.Asstt. Teacher, Zilla Parishad School, Bod, Dist. Amravati.

28. Ajay B. Deshmukh, aged about 50 years, Occu.Asstt. Teacher, Zilla Parishad School, Sumitra, District Amravati.

29. Rahul S. Charjan, aged about 41 years, Occu.Asstt. Teacher, Zilla Parishad School, Salai, District Amravati.

30. Chandrashekhar S. Kale, aged about 43 years, Occu.Asstt. Teacher,

wp545.23 and connected (corrected) Zilla Parishad School, Failthana, Dist. Amravati.

31. Gajanan J. Uke, aged about 52 years, Occu.Asstt. Teacher, Zilla Parishad School, Ranamalur, District Amravati.

32. Dipak G. Ladhe, aged about 52 years, Occu.Asstt. Teacher, Zilla Parishad School, Mogarda, District Amravati.

33. Sunita D. Ladhe, aged about 48 years, Occu.Asstt. Teacher, Zilla Parishad School, Morgarda, District Amravati.

34. Anuja K. Ganvir, aged about 40 years, Occu.Asstt. Teacher, Zilla Parishad School, Kamida, District Amravati.

...

Petitioners - Versus - 1.

State of Maharashtra, through its Secretary,

wp545.23 and connected (corrected) Rural Development and Water Conservation Department, Mantralaya, Mumbai-32.

2.

Zilla Parishad, Amravati, through its Chief Executive Officer, Amravati.

3.

The Education Officer (Primary), Zilla Parishad, Amravati.

... Respondent s (2) WRIT PETITION NO.

552/2023 1.

Rahul s/o Rambhau Gandhare, aged about 40 years, Occu. Service, Asstt. Teacher in Zilla Parishad Primary School, Mukadamguda, Panchayat Samiti, Jiwati, Dist. Chandrapur.

2.

Vitthal s/o Ramdas Shrirame, aged about 39 years, Occu. SubTeacher, Zilla Parishad Primary School, Gangapur (Tok), Taluka Pombhurna, Dist. Chandrapur.

3.

Vikas Chintaman Padwekar, aged about 40 years, Occu.Asstt. Teacher, Zilla Parishad Primary School, Yermi Yesapur, District Chandrapur.

wp545.23 and connected (corrected) 4.

Ranjan Vishwanath Akonkar, aged about 40 yars, Occu.Asstt. Teacher, Zilla Parishad Upper Primary School, Pudiyal Mohda, Dist. Chandrapur.

5.

Ku. Rajani Tirupati Akulwar, aged about 40 years, Occu.Assistant Teacher, Zilla Parishad Upper Primary School, Wani (BU), Dist.Chandrapur.

6.

Ku. Smita Baburao Gundeliwar, aged about 42 years, Occu : Asstt. Teacher, Zilla Parishad Upper Primary School, Yellapur (BU) Dist. Chandrapur.

7.

Gajanan Ramdas Meshram aged about 50 years, Occu.SubTeacher, Zilla Parishad Upper Primary School, Yellapur (BU), Dist.Chandrapur.

8.

Baburao Maroti Bankar, aged 30 years, Occu.Asstt. Teacher;

Zilla Parishad Upper Primary School, Marai Patan, Dist.Chandrapur 9.

Ku. Varsha Bhaskarrao Choudhari, aged about 4o years, Occu. Asstt. Teacher,

10 wp545.23 and connected (corrected) Zilla Parishad Primary School, Devlaguda, District Chandrapur.

10. Satish Pandurang Sayam, aged about 40 years, Occu.Asstt.Teacher, Zilla Parishad Upper Primary School, Kumbhezri, Dist. Chandrapur.

11. Ashok Gosai Magre, aged about 38 years, Occu.Asstt.Teacher, Zilla Parishad Upper Primary School, Narayanguda, Dist. Chandrapur.

12. Vikas Rushi Dharne, Aged about 40 years, Occu : Asstt. Teacher, Zilla Parishad Primary School, Gudshela, Dist. Chandrapur.

13. Pravin Dashrath Pawar aged about 42 years, Occu : Asstt. Teacher, Zilla Parishad Upper Primary School, Himayatnagar, Dist. Chandrapur.

14. Eknath Kisan Ghodmare, aged about 38 years, Occu.Asstt. Teacher,

11 wp545.23 and connected (corrected) Zilla Parishad Upper Primary School, Wani (BU), Dist. Chandrapur.

15. Vikas Mahadeo Turare, aged about 37 years, Occu.Asstt. Teacher, Zilla Parishad Upper Primary School, Wani (KHU), Dist. Chandrapur.

16. Ravindra Shamrao Dharne, aged about 36 years, Occu.Asstt. Teacher, Zilla Parishad Primary School, Antapur, Dist. Chandrapur.

17. Nandkishor Hitendra Nimgade, aged about 39 years, Occu.Asstt. Teacher, Zilla Parishad Primary School, Kotta (BUJ), Dist. Chandrapur.

18. Chandrashekhar Prabhakarrao Pendke, aged about 47 years, Occu.Asstt. Teacher, Zilla Parishad Primary School, Katkarguda, Dist. Chandrapur.

19. Sunil Tasaram Donadkar, aged about 42 years, Occu.Asstt. Teacher, Zilla Parishad Primary School,

12 wp545.23 and connected (corrected) Mangguda, Dist. Chandrapur.

20. Namdeo Natthuji Thawari, aged about 48 years, Occu.Asstt. Teacher, Zilla Parishad Primary School, Mangguda, Dist. Chandrapur.

21. Arun Ramchandra Deulkar, aged about 44 years, Occu.Asstt. Teacher, Zilla Parishad Primary School, Gondguda (Shed), Dist. Chandrapur.

22. Ku. Yogita Shankarrao Upare, aged about 35 years, Occu.Asstt. Teacher, Zilla Parishad Upper Primary School, Jiwati, Dist. Chandrapur.

23. Charandas Balaji Meshram aged about 41 years, Occu.Asstt. Teacher, Zilla Parishad Primary School, Maharajguda, Dist. Chandrapur.

24. Ku. Rashmi Suresh Burde, aged about 42 years, Occu.Asstt. Teacher, Zilla Parishad Upper Primary School,

13 wp545.23 and connected (corrected) Markalmeta, Dist. Chandrapur.

25. Ku. Arjumanbano Ashfaq Sheikh, aged about 47 years, Occu.Asstt. Teacher, Zilla Parishad Primary School, Jiwati, Dist. Chandrapur.

26. Raju Devidas Mate, aged about 41 years, Occu.Asstt. Teacher, Zilla Parishad Primary School, Gondguda (Shed) Dist. Chandrapur.

27. Nilesh Vitthal Karhade, aged about 39 years, Occu.Asstt. Teacher, Zilla Parishad Primary School, Padmnawati, Dist. Chandrapur.

28. Madhav Gangaram Parsure, aged about 39 years, Occu.Asstt. Teacher, Zilla Parishad Primary School, Yellapur (B), Dist. Chandrapur.

29. Prashant Purnachandra Jambhulkar, aged about 37 years, Occu.Asstt. Teacher, Zilla Parishad Upper Primary School,

14 wp545.23 and connected (corrected) Ambezari, Dist. Chandrapur.

30. Yashwant Bhaurao Pimpalkar;

aged about 39 years, Occu.Asstt. Teacher, Zilla Parishad Primary School, Rodguda (Ambe), Dist. Chandrapur.

31. Santosh Sitaram Nikumbe, aged about 40 years, Occu.Asstt. Teacher, Zilla Parishad Primary School, Zaliguda, Dist. Chandrapur.

32. Priya Gajanan Nagpure, aged about 37 years, Occu.Asstt. Teacher, Zilla Parishad Primary School, Chopanguda, Dist. Chandrapur.

33. Shankar Haridas Pote, aged about 35 years, Occu.Asstt. Teacher, Zilla Parishad Upper Primary School, Markagondi, Dist. Chandrapur.

34. Vikas Rushi Dharne, aged about 40 years, Occu.Asstt. Teacher, Zilla Parishad Primary School, Gudshela, Dist. Chandrapur (deleted).

15 wp545.23 and connected (corrected)

34. Bhaurao Shankar Bonde, aged 52 years, Occupation -Assistant Teacher, Zp Primari School, Hatkarguda (Ambe), District-Chandrapur (Amended as per order dt.31.3.23.)

35. Sunil Marotrao Parsutkar, aged about 48 years, Occu.Asstt. Teacher, Zilla Parishad Primary School, Ghatraiguda, Dist. Chandrapur.

36. Pravin Ramdas Raipure, aged about 46 years, Occu.Sub. Teacher, Zilla Parishad Upper Primary School, Hirapur (KH), Dist. Chandrapur.

37. Sambhashiv Bapurao Gawande, aged about 46 years, Occu.Asstt. Teacher, Zilla Parishad Primary Upper School, Pallezari, Dist. Chandrapur.

38. Prashant Balwant Matte, aged about 43 years, Occu.Asstt. Teacher, Zilla Parishad Upper Primary School, Pallezari, Dist. Chandrapur.

39. Pravin Kawduji Bucche, aged about 42 years,

16 wp545.23 and connected (corrected) Occu.Asstt. Teacher, Zilla Parishad Upper Primary School, Pallezari, Dist. Chandrapur.

40. Sudhakar Pandurang Lohe, aged about 49 years, Occu.Asstt. Teacher, Zilla Parishad Primary School, Lingandoh, Dist. Chandrapur.

41. Vinayak Tukaram Madavi, aged about 50 years, Occu.Asstt. Teacher, Zilla Parishad Upper Primary School, Markagondi, Dist. Chandrapur.

42. Shrirang Kisan Turare, aged about 47 years, Occu.Asstt. Teacher, Zilla Parishad Primary School, Loldoh, Dist. Chandrapur.

43. Sudhir Wamanrao Kumbhare, aged about 44 years, Occu.Asstt. Teacher, Zilla Parishad Primary School, Nagapur, Dist. Chandrapur.

44. Ku. Sangita Madhukar Darane, aged about 40 years,

17 wp545.23 and connected (corrected) Occu.Asstt. Teacher, Zilla Parishad Primary School, Sarangpur, Dist. Chandrapur.

45. Rahul Raman Kharwade, aged about 42 years, Occu.Asstt. Teacher, Zilla Parishad Primary School, Dhonda Arjuni, Dist. Chandrapur.

46. Ku. Gitanjali Prabhakar Yergude, aged about 35 years, Occu.Asstt. Teacher, Zilla Parishad Upper Primary School, Pittiguda (No.2), Dist. Chandrapur.

47. Sou. Sunita Vivek Tondre, aged about 47 years, Occu. Sub Teacher, Zilla Parishad Upper Primary School, Ambezari, Dist. Chandrapur.

48. Ali Raja Ajani, aged about 45 years, Occu.Sub Teacher, Zilla Parishad Upper Primary School, Sevadas Nagar, Dist. Chandrapur.

18 wp545.23 and connected (corrected)

49. Rajesh Sudhakar Narale, aged about 52 years, Occu.Asstt. Teacher, Zilla Parishad Upper Primary School, Pitiguda, Dist. Chandrapur.

50. Sanjay Ramesh Dhakate, aged about 47 years, Occu.Asstt. Teacher, Zilla Parishad Upper Primary School, Pitiguda, Dist. Chandrapur.

51. Sau. Sushma Vinod Ninave, aged about 42 years, Occu.Asstt. Teacher, Zilla Parishad Primary School, Zadbori, PS.Nagbhid, Dist. Chandrapur.

...

Petitioners - Versus - 1.

State of Maharashtra, through its Secretary, Rural Development and Water Conservation Department, Mantralaya, Mumbai-32.

2.

Zilla Parishad, Chandrapur, through its Chief Executive Officer, Jatpura Gate, Chandrapur.

19 wp545.23 and connected (corrected) 3.

The Education Officer (Primary), Zilla Parishad, Chandrapur.

... Respondent s (3) WRIT PETITION NO.

683/2023 1.

Pralhad Shriramji Ingole, aged 53 years, Occ. Sub Teacher, Zilla Parishad School, Nanduri, r/o Nanduri, District Amravati.

2.

Alka Madhukar Dhavale, aged 53 years, Occ. Sub Teacher, Z.P. School, Mangiya, Dharni Panchayat Samiti, r/o Mangiya, District Amravati 3.

Sangita Ramdas Gadge, aged 45 years, Occ.Assistant Teacher, Zilla Parishad School, Chikhali Panchayat Samiti, Chikhaldara, r/o Chikhali, District Amravati 4.

Alka Vijay Kherde, aged about 53 years, Occ. Assistant Teacher, Zilla Parishad School, Chikhali, Panchayat Samiti, Chikhaldara, r/o Chikhali, District Amravati

20 wp545.23 and connected (corrected) 5.

Sarita Ranjan Waghamare, aged about 50 years, Occ. Assistant Teacher, Zilla Parishad School, Kara, Dharni, Panchayat Samiti, r/o Kara District Amravati 6.

Mamta Tukaramji Matre, aged 40 years, Occ. Assistant Teacher, Zilla Parishad School, Kara, Dharni, Panchayat Samiti, r/o Kara District Amravati.

7.

Vandna Madan Dhage, aged 52 years, Occ. Assistant Teacher, Zilla Parishad School, Bori Panchayat Samiti, Dharni, r/o Bori District Amravati.

8.

Ranjana nandakumar Chaudhari, aged 52 years, Occ. Assistant Teacher, Zilla Parishad School, Nanduri, Zilla Parishad, Dharni, r/o Nanduri, District Amravati.

9.

Rajani Munishwar Markam aged about 54 years, Occu. Asstt. Teacher, Zilla Parishad School, Semadoh Dhana, Panchayat Samiti, Chikhaldara, r/o Semadoh, Dhana, District Amravati.

10. Pramod Gajram Gedam, aged 48 years, Occ. Assistant Teacher,

21 wp545.23 and connected (corrected) Zilla Parishad School, Makhala, Panchayat Samiti, Chikhaldara, r/o Makhala, District Amravati.

11. Jayashri Shaligram Chavan, aged 40 years, Occ. Assistant Teacher, Zilla Parishad, Jambu. Panchayat Samiti, Dharni, r/o Jambu, District Amravati.

12. Manisha Uttamrao Yewale, aged 40 years, Occu.Asstt.Teacher, Zilla Parishad School, Bothara, Panchayat Samiti, Dharni, r/o Bothara, District Amravati.

13. Dipak Lakshmanrao Kale, aged about 49 years, Occ. Special Teacher, Zilla Parishad School, Tingariya, Panchayat Samiti, Dharni, R/o Tingariya, District Amravati.

14. Khushal Dadarao Gulhane, aged 53 years, occ. Special Teacher, Zilla Parishad School, Jambu, Panchayat Samiti, Dharni, r/o Jambu, District Amravati.

15. Pravin Haribhau Gangiwale, aged 45 years, Occu.Assistant Teacher, Zilla Parishad School,

22 wp545.23 and connected (corrected) Nanduri, Panchayat Samiti, Dharni, r/o Nanduri, Dist. Amravati.

16. Sheikh Unus Sheikh Aamad, aged 52 years, Occ. Special teacher, Zilla Parishad School, Nanduri, Panchayat Samiti, Dharni, r/o Nanduri, Dist. Amravati.

17. Kishor Shankarrao Nirmal, aged 54 years, Occ.Assistant Teacher, Nanduri, Panchayat Samiti, Dharni, r/o Nanduri, Dist. Amravati.

18. Manoj Sahadevrao Malkhede, aged 47 years, Occ.Special Teacher, Zilla Parishad School, Keli, Panchayat Samiti, Chikhaldara r/o Keli, district Amravati.

19. Arvind Janardhanpant Ambadkar, aged 54 years, Occ.Special Teacher, Zilla Parishad School, Malur, Panchayat Samiti, Dharni, r/o Malur, District Amravati.

20. Kisdhor Pandharinath Gujar, aged 42 years, Occ.Assistant Teacher, Zila Parishad School, Kot, Panchayat Samiti, Dharni,

23 wp545.23 and connected (corrected) r/o Kot, District Amravati.

21. Nitin Saheb rao Deshmukh, aged 49 years, Occ.Assistant Teacher, Zilla Parishad School, Bori, Panchayat Samiti, Dharni, r/o Bori, District Amravati.

22. Amol Ramdas Thakare, aged 43 years, Occ.Assistant Teacher, Zilla Parishad Sosokheda, Panchayat Samiti, Dharni, r/o Sosokheda, District Amravati.

...

Petitioners - Versus - 1.

State of Maharashtra, through its Secretary, Rural Development and Water Conservation Department, Mantralaya, Mumbai 400 032.

2.

Zilla Parishad, Amravati through its Chief Executive Officer, Tq. Distt. Amravati.

3.

The Education Officer (Primary), Zilla Parishad, Amravati.

... Respondent s (4) WRIT PETITION NO.

684/2023

24 wp545.23 and connected (corrected) 1.

Tarachand Bhauraji Korde, aged 48 years, Assistant Teacher, Occ. Assistant Teacher, Zilla Parishad School, Berdabhuru, District Amravati.

2.

Suresh Shamraoji Shribhate, aged 49 years, Assistant Teacher, Zilla Parishad School, Ratnapur, District Amravati.

3.

Avinash Sheshrao Pusdekar, aged 456 years, Occ. Assistant Teacher, Zilla Parishad School, Chakarda, District Amravati.

4.

Yogeshwar Mahadeorao Kathole, aged about 43 years, Occ. Assistant Teacher, Zilla Parishad School, Dhulgapat road, District Amravati 5.

Pratibha Yogeshwar Kathole, aged about 41 years, Occ. Assistant Teacher, Zilla Parishad School, Gambheri, District Amravati 6.

Nandkishor Babarao Gandhere,

25 wp545.23 and connected (corrected) aged 48 years, Occ. Assistant Teacher, Zilla Parishad School, Ratnapur, District Amravati.

7.

Sunita Nandkishor Gandhre, Occ. Assistant Teacher, Zilla Parishad School, Dhabida, District Amravati.

8.

Ganesh Gopalrao Walwe, aged 46 years, Occ. Assistant Teacher, Zilla Parishad School, Bulugivan, District Amravati.

9.

Rajesh Waudeorao Raut, aged about 47 years, Occ. Assistant Teacher, Zilla Parishad School, Mansudhand, District Amravati.

10. Shital Vijayrao Bhagat, aged 47 years, Occ. Assistant Teacher, Zilla Parishad School,Kalapandhari Panchayat Samiti, Chikhaldara, District Amravati.

11. Vaishali Rajesh Patand, aged 37 years, Occ. Assistant Teacher, Zilla Parishad School,

26 wp545.23 and connected (corrected) Kurda, Panchayat Samiti, Chikhaldara, District Amravati.

12. Sunita Rajesh Hedau, aged 45 years, Occ.Asstt.Teacher, Zilla Parishad School, Churni, Panchayat Samiti, Chikhaldara, District Amravati.

13. Omprakash Shankarrao Yuwnode aged about 46 years, Occ. Assistant Teacher, Zilla Parishad School, Sadrabadi, Panchayat Samiti, Dharni, District Amravati.

14. Mahendra Ambadasji Vaidya, aged 52 years, Occ. Assistant Teacher, Zilla Parishad School, Sonabardi, Panchayat Samiti, Dharni, District Amravati.

15. Ritesh Nanasaheb Farkade, aged 46 years, Occ.Assistant Teacher, Zilla Parishad School, Bulumgavhan, Panchayat Samiti, Dharni, District Amravati.

27 wp545.23 and connected (corrected)

16. Akshay Sureshrao Kharkale, aged 43 years, Occ. Assistant Teacher Zilla Parishad School, Berdabalda, Panchayat Samiti, Dharni, Dist. Amravati.

17. Sunil Manoharrao Shrirao, aged 48 years, Occ.Assistant Teacher, Zilla Parishad School, Telkhar Panchayat Samiti,Chikhaldara, District Amravati.

18. Shubhangi Arunrao Sabe, aged 42 years, Occ.Assistant Teacher, Zilla Parishad School, Borala, Panchayat Samiti, Chikhaldara District Amravati.

19. Pawan Purushottam Niratkar, aged 36 years, Occ. Assistant Teacher, Zilla Parishad School, Telkhar, Panchayat Samiti, Dharni, District Amravati.

20. Manish Sureshrao Take, aged 36 years,

28 wp545.23 and connected (corrected) Occ.Assistant Teacher, Zilla Parishad School, Sawalkheda, Panchayat Samiti, Dharni, District Amravati.

21. Anup Devendra Dike, aged 40 years, Occ.Assistant Teacher, Zilla Parishad School, Jiratdhana, Panchayat Samiti, Dharni, District Amravati.

22. Mangala Suresh Raypure, aged 54 years, Occ. Assistant Teacher, Zilla Parishad School, Zilpi, Panchayat Samiti, Dharni, District Amravati.

23. Hemlata Arun Gawai, aged 47 years, Occ. Assistant Teacher, Zilla Parishad School, Churni, Panchayat Samiti, Chikhaldara, District Amravati. .

...

Petitioners - Versus - 1.

State of Maharashtra, through its Secretary, Rural Development and Water Conservation Department, Mantralaya, Mumbai 400 032.

29 wp545.23 and connected (corrected) 2.

Zilla Parishad, Amravati through its Chief Executive Officer, Tq. Distt. Amravati.

3.

The Education Officer (Primary), Zilla Parishad, Amravati.

... Respondent s Mr. R.S. Parsodkar, Advocate for the Petitioners in all petitions.. Ms. S.S.Jachak, Assistant Government Pleader for Respondent No.1 in all petitions.

Mr. S.S.Shinde, Advocate for respondent nos.2 and 3 in all petitions.

---------------- CORAM : SUNIL B. SHUKRE MRS. VRUSHALI V.JOSHI, JJ.

DATE : 09.02.2023 ORAL JUDGMENT (Per Sunil B. Shukre, J.) Heard. Rule. Rule made returnable forthwith. Heard finally by consent of learned counsel for the parties.

30 wp545.23 and connected (corrected) 2.

We find that the petitioners are the teachers, who have completed period of more than three years at difficult stations and, therefore, they are the teachers, who fall in category-3 mentioned in Clause 1.7 in G.R. dated 7th April, 2021. This clause confers right upon the teachers, to seek their transfers if they have put in service for more than three years in difficult area. As stated just now, the petitioners fulfil this criteria. It would then follow that the transferring authority would have to go by the procedure prescribed in Clause 4.3 and other relevant clauses including clause 4 of the G.R. dated 7th April, 2021. Clause 2.3 requires the transferring authority to identify the vacancies in the schools so that the suitable options for accommodating different teachers, who are eligible, can be granted and transfers made in terms of G.R. dated 7th April, 2021. Such being the factual position and also the position emerging from a plain reading of provisions made in G.R. dated 7th April, 2021, we are of the view

31 wp545.23 and connected (corrected) that the petitioners are a category of teachers who need to be given permission to login and make online application for their transfers to their preferred places, although which places the petitioners are to be transferred to is a decision which is exclusively within the discretion of transferring authority to be exercised within the parameters of law. Our such view is fortified by the view taken by the Coordinate Benches of this Court in cases of Datta Rushiket Salunke Vs. The State of Maharashtra (Writ Petition No.13344/2022, decided on 6.1.2023) at Aurangabad and Writ Petition No. 7667/2022 and other connected matters (Sachin Subhashrao Tambakhe and others Vs. State of Maharashtra, decided on 31.01.2023 at Nagpur.

3.

In view of the above, writ petitions are partly allowed. 4.

The transferring authority is directed to identify the vacancies in accordance with the provisions made in the G.R. dated 7th

32 wp545.23 and connected (corrected) April, 2021 and in the light of the observations made hereinabove and permit the petitioners to login and submit their online applications. We further direct the transferring authority to complete the online transfer process and give effect to the transfers made within the time prescribed in clause 5.9 of the G.R. dated 7th April, 2021.

5.

Rule is made absolute in the above terms. No costs. JUDGE JUDGE Ambulkar.

Signed By:MUKUND LAXMANRAO AMBULKAR Private Secretary