Savleram Bhaguji Landage And ORS v. The State Of Maharashtra Thr. The Secretary Department Of School Education And Sports And ORS

by ARUNA SANDEEP TALWALKAR Date: 2025.09.11 15:08:09 +0530 ARUNA SANDEEP TALWALKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION (Sr. No. 911) WRIT PETITION NO. 11702 OF 2025 Savleram Bhaguji Landage And Ors.

... Petitioners.

Versus

State of Maharashtra & Ors.

... Respondents.

WITH (Sr. No. 48) WRIT PETITION ST. NO. 29416 OF 2025 Deepak Fakirrao Gholap And Ors.

... Petitioners.

Versus

State of Maharashtra & Ors.

... Respondents.

**** Mr. Suresh Pakale, Senior Advocate a/w. Mr. Saurabh Pakale i/b. Smt. Padmaja U. Malgaonkar, Advocate for the Petitioners in WP/11702/2025.

Mr. Vivek B. Rane, Advocate for the Petitioners in WPST/29416/2025. Mr. K.B. Dighe, Addl. G.P. for Respondent/State in WP/11702/2025. Mr. P.P. Kakade, Addl. G.P. with Smt. T.N. Bhatia, AGP in WPST/29416/2025.

Mr. Ashwin R. Kapadnis, Advocate for Respondent Nos. 5 & 6, ZP, Pune in WP/11702/2025 and for Respondent Nos. 3 and 4 in WPST/29416/2025..

**** CORAM :

RAVINDRA V. GHUGE AND ASHWIN D. BHOBE, JJ.

DATE :

9th SEPTEMBER, 2025 P.C. :

1.

In these matters, grievance of the Petitioners is that they have been placed in the list of transferable employees, though they have been working for less than 5 years at a particular location.

2.

Mr. Pakale, learned Senior Advocate and Mr. Vivek Rane, learned Advocate for Petitioners in both the Petitions, jointly submit that these Petitioners are covered by Clause 1.10 of the Government Resolution dated 18.6.2024, which is issued after taking into account the earlier Government Resolutions dated 7.4.2021, 13.1.2023, 14.3.2023 and 21.6.2023. Therefore, those candidates who have completed less than 5 years at a particular location, are not transferable and are not eligible for transfer, save and except, in cases like, 'couple convenience' or any other such aspects, strictly prescribed under the Government Resolutions.

3.

Mr. Kapadnis, learned Advocate for the Zilla Parishad submits that if this Court permits the Zilla Parishad to scrutinize each case of these Petitioners by verifying the records, the Zilla Parishad would be in a position to make an assessment as to which of the candidates/Petitioners would be eligible for transfer and would be transferable. Only in such cases, transfer orders would be issued. Those Petitioners who are not due for transfer, in the light of the G.R. dated 18.6.2024, would be excluded from the list of transferable candidates. Until such a decision is arrived at, the Zilla Parishad would not be issuing relieving orders to these Petitioners. We have recorded the above

statement and we grant such permission.

4.

The learned Advocate for the Zilla Parishad prays for at least 3 weeks' time to the Zilla Parishad to complete the above exercise. The said request is accepted.

5.

In view of the above, these Petitions are disposed off. (ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)