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Bombay High CourtWP/5465/2024disposed off

Shreya Devendra Rane v. The State Of Maharashtra Throu. The Sec. Rural Development Dept And ORS

2025-02-28Hon'Ble Shri Justice Ravindra V. Ghuge , Hon'Ble Shri Justice Ashwin D. Bhobe2 pages

Digitally signed by GAURI AMIT GAEKWAD Date:

2025.03.01 15:34:25 +0530 922.WP-5465-2024.odt GAURI AMIT GAEKWAD

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5465 OF 2024 Shreya Devendra Rane ....Petitioner

Versus

The State of Maharashtra and Ors.

....Respondents ---- Mr. Vivek B. Rane i/b. Mr. Balaji Shinde for the Petitioner. Mr. V.G. Badgujar, AGP for Respondent Nos.1 and 3. Mr. Ratan Adhe i/b. Mr. Pankaj P. Deokar for Respondent Nos.4 and 5.

---- CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.

DATE : 28th FEBRUARY, 2025 P.C. :- 1.

The Petitioner is a lady employee who has been posted in a difficult area.

2.

There is no dispute that the Government Resolution dated 15th February, 2018, prohibits transfer of ladies to the remote, extreme remote and difficult areas. By Government Resolution dated 7th April, 2021, those male teachers, who are 53+, are also protected from transfer to tribal, remote, very remote and difficult areas. Admittedly, the Petitioner is covered by these Government Resolutions and cannot be transferred to hilly/difficult areas. Gauri Gaekwad

922.WP-5465-2024.odt 3.

The learned Advocate representing the Zilla Parishad, submits that since a special committee has been formed by the Zilla Parishad to look into the grievance of the Petitioner, the claim of this Petitioner would be considered and a decision would be arrived at, expeditiously.

4.

In view of the above, though this Petition can be allowed, we are disposing off this Petition with directions to the Zilla Parishad to deal with the representations of the Petitioner, dated 25th May, 2023 and 2nd February, 2024 and initiate remedial steps to ensure that no lady teacher is posted in difficult/hilly region in the light of the Government Resolution dated 15th February, 2018. Considering that the students would be facing exams in March/April, 2025, the Petitioner shall be transferred out of the hilly region during the annual transfers in April/May, 2025 and posted in a plain region in the academic year beginning from June, 2025. (ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.) Gauri Gaekwad