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Bombay High CourtWP/1186/2025disposed off

Anjali Vijayrao Nagpure v. The State Of Maharashtra, Thr. Secy., Rural Development Dept., Mumbai And ORS.

2025-03-04Hon'Ble Shri Justice Nitin W. Sambre , Hon'Ble Mrs. Justice Vrushali V. Joshi2 pages

2025:BHC-NAG:2213-DB wp1186.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.1186/2025 (Anjali Vijayrao Nagpure Vs. State of Maharashtra and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -------------------- - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------------------------------ - - - - - - - - - - - - - - - - Mr. P.A. Kadu, Advocate for the petitioner.

Mr. H.D. Marathe, A.G.P. for respondent No.1. CORAM: NITIN W. SAMBRE & MRS.VRUSHALI V. JOSHI, JJ. DATED: 4.3.2025.

Heard.

2.

The petitioner, who is an Assistant Teacher in the Zilla Parishad Primary School, has questioned the transfer order dated December 31, 2024 whereby her services are transferred from Zilla Parishad School Loni Nandgaon Khandeshwar to Zilla Parishad Bori in Dharni Taluka.

3.

It is not in dispute that the tribal population of Dharni is almost 90%.

4.

The petitioner has already served in non-tribal area in the very same district since 1996. The contention is that the mother-in-law of the petitioner is suffering from cancer and as such she is entitled for the benefit of Government Resolution dated 18.6.2024, her husband is also in the service of Zilla Parishad and petitioner is given the benefit of husband-wife reunification.

5.

From the record it is clear that the petitioner for almost 30 years has never served in the tribal dominated area. 6.

In the aforesaid background, it appears that the transfer of the services of the petitioner was based on administrative exigency. That

wp1186.2025.odt being so, we refuse to exercise our discretion in favour of the petitioner.

7.

Writ petition stands disposed of accordingly. (MRS.VRUSHALI V. JOSHI, J.) (NITIN W. SAMBRE, J.) Tambaskar.

Signed by: MR. N.V. TAMBASKAR Designation: PA To Honourable Judge Date: 05/03/2025 15:42:01