Vijay Madhukar Yelve And ORS v. The State Of Maharashtra Thr The Prin. Sec. Rural Dev. Dept. And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9024 OF 2025 LAXMI SUBHASH SONTAKKE Vijay Madhukar Yelve & Ors.

.. Petitioners LAXMI SUBHASH SONTAKKE Date: 2025.07.21 18:53:41 +0530

Versus

The State of Maharastra & Anr.

.. Respondents Mr. Narendra Bandiwadekar , Senior Advocate a/w Rajendra B. Khaire i/b. Ashwini Bandiwadekar for the Petitioner. Mr. Rohit Parab i/b. C. Gavnekar for the Respondent-Zilla Parishad. Mr. S. H. Kankal, AGP for the State.

CORAM: RAVINDRA V. GHUGE & GAUTAM A. ANKHAD, JJ.

DATE:

JULY 17, 2025 P. C.

1.

A solemn statement is made that all these Petitioners have been earlier working in a difficult area. Thereafter, a document at page 40 is pointed out, more particularly, Serial No. 1, 9, 57, 66 and 77. This is the list containing the names of all 105 Petitioners. All of them have already been posted in a simple/plain areas. The dates of their present posting are indicated in the last 1/3

column from page 40 onwards. It is evident that they have been posted in the plain areas, in between May, 2023 to 26th May, 2025. 2.

It is canvassed on the basis of the Policy applicable to the Zilla Parishad that once such employees are brought out of the difficult areas and are posted in the plain areas, they are mandated by the Policy to work in the said area for atleast five years. So also, the Policy indicates that a candidate having come out of the difficult area, cannot be sent back to the difficult area until he works for 10 years in plain areas. The grievance is that now the Teacher Transfer Management System with the aid of the Government of Maharashtra, Rural Development Department, makes automated posting of Teachers in difficult areas, as published in a list of liable transferees which is from page 97 onwards. In the light of such circumstances, this Court as well as the Bench at Aurangabad and Nagpur, have granted interim protection to such Petitioners. 3.

In view of the above, issue notice to the Respondents returnable on 1st August, 2025. The learned AGP waives notice on behalf of RespondentState. The learned Advocate Mr. Parab waives notice on behalf of Respondent No.2.

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4.

In view of the discussion on the facts herein above, since these Petitioners have not yet been relieved and have not joined at the place of transfer in the different areas, we direct status-quo to be maintained as existing today.

5.

List the Writ Petition No. 8028/2025 along with this Petition on 1st August, 2025 in the Supplementary Board.

[ GAUTAM A. ANKHAD, J.] [RAVINDRA V. GHUGE, J.] 3/3