Bajirao Valu Kamankar And ORS v. Zilla Parishad, Nashik And ORS

1 943 WP-10001-25.doc BHARAT DASHARATH PANDIT

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10001 OF 2025 by BHARAT DASHARATH PANDIT Date: 2025.08.26 21:58:02 +0530

1. Bajirao Valu Kamankar Age: 43 Occ: Assistant Teacher School: ZP Haloti Matha

2. Sharif Shabbir Shaikh Age: 50 Occu: Headmaster School: ZP School Mangrual Chandwad

3. Smt. Shamina Yusuf Shah Age:44 Occ: Assistant Teacher School: ZP School Devgaon Tal. Chanwad Dist. Nashik

4. Pravin Tukaram Jadhav Age: 46 Occu: Assistant Teacher School - ZP School Vaki, Tal. Chanwad

5. Smt. Vaishali Anantrao More Age : 41 Occu: Assistant Teacher School - ZP School Vaki, Tal. Chandwad Dist. Nashik.

6. Shri Dinesh Shivram Deore School - ZP School Sadgaon, Tal. Dindoshi, Dist. Nashik

7. Shri Gorkshnath Shankar Raut Age: 44 Occu: Assistant Teacher School - ZP School Pimpal Pada, Tal Dindoshi, Dist. Nashik.

8. Smt. Sunanda Arun Padvi Age: 43 Occu: Assistant Teacher, School - ZP School Abad Nashik,

9. Shri Dhurandhar Kisan Shinde Age: 49 Occu: Assitant Teacher School - ZP School Dari Nashik Tal Dindoshi, Dist. Nashik

10. Shri Savita Pralhad Rathod Age: 38 Occu: Assistant Teacher School - ZP School Kategaon Nashik, 1/5

2 943 WP-10001-25.doc Taluka Dindoshi, Dist. Nashik

11. Shri Popat Lakshman Pawar Age: 53 Occu: Assistant Teacher School - ZP School Bharvir Tal.Chandwad

12. Smt. Aarti Mahendrasingh Suryawanshi] Age: 45, Occu: Assistant Teacher School - ZP School Chehadi, Tal. Niphad

13. Smt. Suvarna Tushar Kharote Age: 47 Occ: Assistant Teacher School - ZP School Varvati Dindori Tal Dindoshi, Dist. Nashik

14. Smt. Shobha Laxman Deore Age: 52 Occu: Assistant Teacher School - ZP School Ozhar Khed Tal. Nashik ]

15. Smt. Pushpavati Balkrishna Nikam Age: 53 Occu: Assistant Teacher School - ZP School Subhash Nagar Devla Tal Deola, Dist. Nashik

16. Smt. Priyanka Pramod Gaikwad Age: 50 Occu: Assistant Teacher School - ZP School Chatori Tal. Niphad Dist Nashik

17. Shri Nandkumar Mahadu Suryawanshi ] School - ZP School Vadel Tal: Malegaon

18. Shri Karbhari Kakuram Bhansi Age: 55 Occu: Headmaster School - ZP School Dalvat Tal. Kalvan

19. Smt. Pratibha Atmaram Savant Age: 48 Occu: Assistant Teacher School - ZP School Pimpalgaon(B 1)

20. Smt. Rekha Jaywant Bhadane Age: 52 Occu: Assistant Teacher School - ZP School Hindola Vasti Tal Deola, Dist. Nashik

21. Smt. Vijaya Namdev Chavan Age 43 Occu: Assistant Teacher 2/5

3 943 WP-10001-25.doc School - ZP School Pade Tal. Dindori ]

22. Shri Ravindra Raghunath Chore ] Age: 43 Occu: Assistant Teacher School - ZP School Mahiravvani Tal: Nashik, Dist. Nashik 23 Shri Keshav Yadav Baste School - ZP School Naikwadi Tal. Nashik, Dist. Nashik

24. Mahesh Pandit Kor Age: 53 Occ: Assistant Teacher School - ZP School Umbarkhed

25. Smt. Vaishali Sanjay Pawar Age: 51 Occu: Assistant Teacher School - ZP School Vaadgaon Tal: Nashik, Dist. Nashik.

26. Smt. Suchita Chindha Deore Age: 48 Occu: Assistant Teacher School - ZP School Sarde Tal.Baglan ]

27. Smt. Vandana Keshav Kalokhe Age: 53 Occu: Assistant Teacher School - ZP School Vadivahare Tal: Nashik, Dist. Nashik.

28. Swati Ambadas Kute Age: 47 Occu: Assistant Teacher School - ZP School - Saradwadi Tal. Sinnar, All the petitioners are having address C/o. Bajirao Kamankar R/o At Post Bhendali, Tal. Niphad Dist. Nashik.

] ..... Petitioeners.

V/s

1. Zilla Parishad, Nashik, Through Chief Executive Officer.

2. The Education Officer (Primary), Zilla Parishad, Nashik.

3. The Divisional Commissioner, Zilla Parishad, Nashik

4. The State of Maharashtra, Through Deputy Secretary, Rural Development Department.

] ..... Respondents.

3/5

4 943 WP-10001-25.doc Mr. Anilkumar Patil with Mr. Zeel Jain with Mr. Digvijay A. Patil, Advocates for the petitioners.

Mrs. G.R. Raghuwanshi, AGP for the respodent-State Mr. Purushottam G. Chavan i/b Ashwinikumar Kapadnis and Mr Pravin Jadhav, Advocate for respondent no.1.

CORAM :

SHREE CHANDRASHEKHAR & AARTI SATHE, JJ DATE :

26th August 2025 P.C. :

The petitioners who are 28 in number state on oath that they have undergone Angioplasty. Their apprehension is that the respondentAuthority may pass order of transfer by 31st August 2025 without considering the fact that they suffer from some health condition. According to Mr. Anilkumar Patil, the learned counsel for the petitioners, their apprehension is real because they have received a communication through e-mail dated 4th July 2025 from the office of the Chief Executive Officer, Zilla Parishad to this effect.

2. The stand taken by the petitioners is that their proposed transfer shall be in violation of policy decision taken on 18th June 2024. 3.

In the reply affidavit filed on behalf of the respondent no.4, it is stated that in terms of Clause 1.8 of the Government Resolution, a categorization has been made of teachers belonging to a particular category such as widowed teacher, unmarried teacher, teacher suffering from serious disease, specially-abled teacher and teacher above the age of 53 years. In this affidavit, the respondent no.4 further states that as per Resolution dated 18th June 2024 a teacher who has undergone heart surgery is excluded from transfer exercise. But the petitioners in the present case are not those who have undergone such surgery. The learned counsel for the petitioners submits that a few of the Zilla Parishads have accepted this position that Angioplasty is akin to heart surgery and granted benefits to 4/5

5 943 WP-10001-25.doc such teachers who had undergone Angioplasty.

4.

However, we are not inclined to go into this controversy and would direct the Chief Executive Officer of the Zilla Parishad, Nashik to see that these petitioners are accommodated on vacant posts, if any. The Chief Executive Officer of the respondent no.1 shall also ensure that these teachers are transferred to the nearest place available, if at all necessary, and for the reason that there is no possibility of accommodating them at the place of posting.

5.

With the above direction, Writ Petition No.10001 of 2025 is disposed of.

[AARTI SATHE, J.] [SHREE CHANDRASHEKHAR, J.] 5/5