Sagar Dnyaneshwar Hagavane And Others v. State Of Maharashtra, Thr. Secretary, Public Health Department, Mumbai And ORS.

2026:BHC-NAG:3074-DB cir 2 wp 1525-2026.odt 1/8

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 1525 OF 2026 1.

Sagar Dnyaneshwar Hagavane, Age :- 32 years, Occ. - Service, R/o. Gulmohar Colony, Chandur Railway, Tq. Chandur Railway, Dist. Amravati 2.

Jayesh Subhash Lahane, Age :- 26 years, Occ. - Service, R/o. Aras Layout, Ward No.20 Buldhana Tq. & Dist. Buldhana 3.

Atulchandra Sharodchandra Patil, Age:- 29 years, Occ. - Service, R/o. Solanke Layout, Mahatma Phule Nagar, Buldhana 4.

Mangesh Vitthalrao Lehakpure, Age :- 39 years, Occ. - Service, R/o. At. Post Kalashi, Tq. Daryapur, Dist. Amravati 5.

Bhushan Rajendra Randale, Age :- 35 years, Occ. - Service, R/o. Patwari Colony, Chandur Bazar, Tq. Chandur Bazar, Dist.

6.

Mangesh Sahebrao Patil, Age :- 42 years, Occu. - Service, R/o. Flat No. 202, Mahalaxmi Apartment, Hollowood Collony,

cir 2 wp 1525-2026.odt 2/8 7.

Sumit Subhashrao Uparkar, Age :- 40 years, Occ. - Service, R/o. Vidhya Colony Road, Camp, Amravati, Tq. & Dist. Amravati 8.

Vivek Suresh Chopade, Age :- 37 years, Occ. - Service, R/o. Deshpande Layout, 9.

Parag Ratnakar Hantodkar, Age :- 41 years, Occ. - Service, R/o. Bilonapura, Achalpur, Tq. Achalpur, Dist. Amravati 10.

Satish Gajanan Sirsath Age :- 38 years, Occ. - Service, R/o. Wathonda, PHC Talvel, Tq. Chandur Bazar, Dist.

11.

Vishal Bhagwan Rawote, Age :- 28 years, Occ. - Service, R/o. Kamala nagar, Gayatri Temple, Amravati, Tq. & Dist. Amravati 12.

Shubhangee Kandoba Waghmare, Age :- 29 years, Occ. - Service, R/o. Dargha Mohalla, Aundha Nagar Hingoli, Tq. & Dist.

Hingoli 13.

Azhar Naved Mohd Sajid, Age :- 36 years, Occ. - Service, R/o. Moharab Pura, Achalpur, Tq. Achalpur, Dist. Amravati 14.

Satish Dagduji Manvar, Age :- 36 years, Occ. - Service, R/o. Visawa Society, Koolkhed, Akola, Tq. & Dist. Akola

cir 2 wp 1525-2026.odt 3/8 15.

Nilesh Dineshrao Yadav, Age :- 40 years, Occ. - Service, R/o. Matoshri Colony, Warud, Tq. Warud, Dist. Amravati 16.

Vishal Shankarrao Aswar, Age :- 40 years, Occ. - Service, R/o. Parag Township, 17.

Sachin Prakashrao Ganorkar Age :- 42 years, Occ. - Service, R/o. At Post Adgaon, Morshi, Dist. Amravati 18.

Bhagyashri Dilip Kukade, Age :- 30 years, Occ. - Service, R/o. Varkhed, PHC Talegaon Thakur, Tq. Tiosa, Dist.

19.

Parimal Vasantrao Yenkar, Age :- 42 years, Occ. - Service, R/o. At. Post Adgaon, Tq. Morshi, Dist. Amravati 20.

Suresh Bhaurao Solanke, Age :- 42 years, Occ. - Service, R/o. At. Post Adgaon, Tq. Morshi, Dist. Amravati 21.

Mohammad Shoeb Wahid, Age :- 31 years, Occ. - Service, R/o. At. Malkapur, Tq. Murtizapur, Dist. Akola 22.

Bhushan Sanjay Gomase, Age :- 30 years, Occ. - Service, R/o. Wadalgavan, PHC Yeoda, Daryapur, Dist. Amravati

cir 2 wp 1525-2026.odt 4/8 23.

Aamir Sohel Mohd Shakeel, Age :- 30 years, Occ. - Service, R/o. Anjangaon Surji, Tq.

Anjangaon Surji, Dist.

24.

Manish Harinarayan Pachbole, Age :- 44 years, Occ. - Service, R/o. Arjun Nagar, Amravati Tq. & Dist. Amravati 25.

Dhiraj Vishnupant Deshmukh, Age :- 32 years, Occ. - Service, R/o. TB Park, Dhamangaon Railway, Tq. Dhamangaon Railway, Dist. Amravati 26.

Dipali Balkrishna Thete, Age :- 30 years, Occ. - Service, R/o. Harshraj Colony, 27.

Sandesh Prabhu Tayade, Age :- 31 years, Occ. - Service, R/o. Krushi Nagar, Panchshil Nagar, Akola, Tq. & Dist. Akola 28.

Zabiullah Beg, Age :- 32 years, Occ. - Service, R/o. Kalodi, PHC Shirajgaon Kasba, Tq. Chandur Bazar Dist.

29.

Sandip Jagdish Dubey.

Age :- 33 years, Occ. - Service, R/o. Anand Nagar, Bypass Road, Hingoli, Tq. & Dist.

Hingoli, ...PETITIONERS

cir 2 wp 1525-2026.odt 5/8

VERSUS

1.

State of Maharashtra, through its Secretary, Public Health Department, Mantralaya, Mumbai-32 2.

Commissioner, Health Services and Mission Director, National Health Mission (N.H.M.) Mumbai Office at 3rd Floor, Arogya Bhavan, St. George Hospital Compound, P.D. Mello Road, Mumbai 3.

Joint Director (Technical), National Health Mission, Mumbai Office at 3rd Floor, Arogya Bhavan, St. George Hospital Compound, P.D. Mello Road, Mumbai-1 4.

Chief Executive Officer, Zilla Parishad Amravati, Camp, Tq. and Dist. Amravati 5.

District Health Officer, Zilla Parishad Amravati, Camp, Tq. and Dist. Amravati ...RESPONDENTS --------------------------------------------------------------------------------------------- Shri P.A. Kadu, Advocate for petitioners Shri H.D. Futane, AGP for respondent Nos. 1 to 3 and 5/State --------------------------------------------------------------------------------------------

CORAM

:

SMT. M.S. JAWALKAR AND NANDESH S. DESHPANDE, JJ.

DATE :

20.02 .2026

cir 2 wp 1525-2026.odt 6/8 ORAL JUDGMENT (PER :

NANDESH S. DESHPANDE, JJ.

) Rule. Rule is made returnable forthwith. Heard finally by the consent of the parties.

2.

Issue notice to the respondents.

3.

Learned Assistant Government Pleader waives notice for respondent Nos. 1 to 3 and 5.

4.

In view of the order we are proposing to pass we do not think it necessary to call for the reply of the other respondents. 5.

The petition challenges the order dated 10.02.2026, passed by the respondent No.4 - Chief Executive Officer, Zilla Parishad, Amravati, and for a direction to it not to depute the petitioners in the remote areas of Dharni and Chikhaldara. This, according to the petitioners, is contrary to the directions contained in the letter dated 14.11.2025.

6.

Learned Counsel for the petitioner by taking us through the order of the Principal Seat passed in PIL No. 133/2007 on 19.01.2026 and in the same PIL on 25.11.2025 submits that in the said orders, an embargo has been created not to transfer the

cir 2 wp 1525-2026.odt 7/8 petitioners on deputation. Having gone through the said orders with the assistance of the learned Counsel for the petitioners, we find no such embargo in the order which prohibits the employer/respondent No.4 to transfer the petitioners as has been done in the present case.

7.

Further reliance placed by the learned Counsel for the petitioners on a communication dated 14.11.2025, by the respondent No.3 to the respondent No.2, is also uncalled for since it also does not speak about the petitioners being restrained from transferring. It only speaks that the persons who are appointed on deputation contrary to the Rules should not be continued in that and also speaks about a disciplinary action to be initiated in that eventuality.

8.

Furthermore, the learned Counsel for the petitioners submits that they have already made a representation on 11.02.2026, ventilating their grievances before the respondent No.4. It is the submission of the learned Counsel for the petitioners that the said representation is still pending and has not been decided as yet. 9.

After going through the said representation, we find that various grounds have been raised in the same by the petitioners

cir 2 wp 1525-2026.odt 8/8 regarding the violation of certain Government Resolutions. However, admittedly, the said representation has not been decided as yet and still pends.

10.

In that view of the matter, we are of the considered opinion that a direction to the respondent No.4 to decide the representation dated 11.02.2026 would sufficiently ventilate the grievance of the petitioners.

11.

The writ petition is disposed of with a direction to the respondent No.4 to decide the representation dated 11.02.2026 as expeditiously as possible. The petitioners to appear before the respondent No.4 on 26.02.2026 and apprise the said respondent about passing of the said order. Needless to mention that the pendency of such representation would not act as an embargo for the petitioners joining at the transferred post. 12.

The Writ Petition is disposed off. Rule is discharged. No order as to costs.

(NANDESH S. DESHPANDE, J.) (SMT. M.S. JAWALKAR, J.) Jayashree..