Dhanesh Ganu Bhandari And ANR v. The State Of Maharashtra Thr Sec. Rural Dev. Dept. And ORS

by ARUNA SANDEEP TALWALKAR Date:

2025.09.30 14:49:43 +0530 ARUNA SANDEEP TALWALKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12520 OF 2025 Dhanesh Ganu Bhadari & Ors.

... Petitioners.

V/s.

The State of Maharashtra & Ors.

... Respondents.

--- Mr. Ashwin R. Kapadnis, i/b. Mr. Balaji Shinde, Advocate for Petitioner. Mr. P.P. Kakade, Addl. G.P. a/w. Ms. Nisha Mehra, AGP for Respondent/State.

Ms. Samruddhi Kulkarni for Mr. Ajit M. Savagave, Advocate for Respondent Palghar ZP.

--- CORAM :

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

DATE :

26th SEPTEMBER, 2025 P.C. :

1.

Not on board. Upon mentioning, taken on the production board.

2.

In this matter, 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.

3.

Mr. Kapadnis, the learned Advocate for the Petitioners submits 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.

4.

The learned Advocate for the Respondent 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.

5.

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.

6.

In view of the above, the Writ Petition is disposed off. (ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)