Rekhatai Gangaram Budhewar Alias Rekhatai Sunil Ghayal v. The State Of Maharashtra Through Its Secretary And Others
2025:BHC-AUG:12407-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 1007 WRIT PETITION NO. 4319 OF 2025 Rekhatai Gangaram Budhewar Alias Rekhatai Sunil Ghayal
VERSUS
The State Of Maharashtra Through Its Secretary And Others AND 1008 WRIT PETITION NO. 4347 OF 2025 Devanand Dattram Borate And Others
VERSUS
The State Of Maharashtra Through Its Secretary And Other ...
Mr. Kulkarni Suvidh S., Advocate for the PetitionerS Mr. Amar V. Lavte, AGP for Respondents State Ms. Yogita S. Thorat, Advocate for respondent nos. 4 and 5. CORAM : MANGESH S. PATIL & Y. G. KHOBRAGADE, JJ.
Dated : 24th April, 2025 PER COURT :- 1.
The petitioners, who are employees of Zilla Parishad schools, are aggrieved by the fact that in spite of having spent sufficient time, more than prescribed, by the policy for effecting transfer out of the difficult area, pursuant to clause nos. 1.7.1 and 1.7.2 of the government resolution dated 18.06.2024, respondents have not been calculating the period spent by them in the difficult area and consequently are not ready to consider them while effecting transfer.
2.
We have heard both sides.
3.
Admittedly, a similar issue has already been addressed and decided by the division bench of this Court at the principal seat (writ petition no. 9495/2023) which has elaborately considered the relevant clauses and has held to be not sustainable or have to be read down in that matter as is being sought to be interpreted by the authority. The following paragraphs, in our considered view, squarely apply to the present matter:
"5. The recently issued Government resolution dated 18th June, 2024 is brought to our notice, relevant clauses being no.1.7 (1.71 and 1.7.2), which reads as under: १.
७बदलीअधिकारप्राप्तशिक्षक:- १.७.
१बदलीअधिकारप्राप्तशिक्षकम्हणजेज्याशिक्षकांचीअवघडक्षेत्रात बदलीसाठीनिश्चितधरावयाचीसेवा३वर्षेकिंवात्यापेक्षाजास्तझालीअसेल असेशिक्षक, १.७.
अवघड क्षेत्रातील शाळांची सुधारित यादी प्रसिध्द केल्यानंतर सर्वसाधारणक्षेत्रम्हणुनघोषितझालेल्यामात्रपूर्वीअवघडक्षेत्रामध्येमोडणाऱ्या शाळांमधीलशिक्षकांचीसलगसेवा३वर्षझालेलीअसेलतर, त्यांनापुढील बदलीवर्षामध्येबदलीअधिकारप्राप्तकरण्यासाठीग्राहयधरण्यातयेईल." 6.
Above reproduced clause clearly indicates that a teacher (not a lady teacher any more) who has worked for three years in a difficult area, would acquire the right to be transferred out of the difficult area. Cause 1.7.2 makes it even more clear that if the difficult area in which a teacher has been working and has completed the period entitling him a right to be
transferred, is subsequently converted into a plain area due to developments, the time spent by the teacher in the said difficult area before its conversion, would also give advantage to the candidate as he had worked in the difficult area. He would get the right to be transferred out of that area. 7.
It is in the above backdrop that the Desk Officer addressed a letter dated 28th February, 2025 to the Chief Executive Officer of the Thane Zilla Parishad which has led to the confusion due to which this Petition has been filed. Clause
(1) of the said letter which has led to the confusion reads as under:
"१) मुद्दाक्र.
१व२:- अवघडक्षेत्रातीलशाळासर्वसाधारणक्षेत्रामध्येसमाविष्ट झाल्यास, त्यापूर्वीएखाद्याशिक्षकानेअवघडक्षेत्रातीलशाळेमध्येकेलेलीसेवा हीअवघडक्षेत्रातीलसेवासमजण्यातयावीवसदरअवघडक्षेत्रातीलकालावधी खंडीतसेवाधरुनयाशिक्षकांच्यासर्वसाधारणक्षेत्रातीलबदलीबाबतकार्यवाही करावी."
8. A weird situation is before us. The Desk Officer has unnecessarily used the words "
सदरअवघडक्षेत्रातीलकालावधीखंडीत सेवाधरुनयाशिक्षकांच्यासर्वसाधारणक्षेत्रातीलबदलीबाबतकार्यवाहीकरावी". There is no question of treating a person's tenure of deployment in a difficult area, to be a break in service after the area gets converted into a plain area.
9. The learned AGP, on instructions from the Desk Officer present in the Court, has made an attempt to interpret the word "
खंडीतसेवा" to mean that it does not amount to a break in service. We are surprised, to say the least. An unnecessary effort is made to explain the meaning of the word " खंडीतसेवा"
by informing us that it does not mean that there would be any
break in service. These are words which were not required to be mentioned in the letter dated 28th February, 2025. Clause 1.7.1 and 1.7.2 are unambiguous and clear sentences which do not require any clarification by the Desk Officer." 4.
In the light of above, irrespective of articulation of the prayer clause, we dispose of the writ petitions by directing the respondents to consider case of each of these petitioners on its own merits in order to ascertain the period they have spent in the difficult area, without resorting to the interpretation which has not been found favour with the division bench which decided in writ petition no. 9495 of 2023. 5.
Depending upon the scrutiny, the respondents shall permit the individual petitioners to fill in the requisite forms while effecting general transfers, by permitting them to submit the forms online and if required, even offline.
( Y. G. KHOBRAGADE, J.) ( MANGESH S. PATIL, J.) JPChavan