22 WP NO. 8985 OF 2018 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 8985 OF 2018 Ravi Dharmraj Marahale VERSUS The State Of Maharashtra And Others ... WITH WRIT PETITION NO. 1196 OF 2020 Mangesh Ashok Nakate VERSUS The State Of Maharashtra And Others … WITH WRIT PETITION NO. 1193 OF 2020 Amol Ashokrao Khindre VERSUS The State Of Maharashtra And Others … WITH WRIT PETITION NO. 6106 OF 2023 Ajay Vinayakrao Murade VERSUS The State Of Maharashtra Through Its Secretary And Others … WITH WRIT PETITION NO. 14378 OF 2019 Ritesh Laxmanrao Nimbhorkar VERSUS The State Of Maharashtra And Others … WITH WRIT PETITION NO. 14405 OF 2019 Anand Sambharao Dukre VERSUS The State Of Maharashtra And Others … • Mr. Chandrakant R. Thorat, Advocate for the Petitioners in all the Writ Petitions. • Mr. S. R. Yadav-Lonikar, AGP for the Respondent-State. Jhs/ 1/6 2026:BHC-AUG:40482-DB 22 WP NO. 8985 OF 2018 • Mr. Santosh B. Pulkundwar, Advocate for Respondent No. 2 in Writ Petition No. 6106 of 2023. • Mr. Nandkishor U. Yadav, Advocate for Respondent Nos. 4 and 6 in Writ Petition No. 8985 of 2018. • Mr. Suresh Walmikrao Munde, Advocate for Respondent Nos. 2 and 4 in Writ Petition No. 14378 of 2019. … CORAM : KISHORE C. SANT & JITENDRA JAIN, JJ. DATE : 02nd SEPTEMBER, 2026 PER COURT : 1. Heard the learned Advocates appearing for the parties. 2. The short issue involved in these petitions is that the Petitioners were appointed as Assistant Teachers in their respective erstwhile Zilla Parishads. Upon completion of the prescribed period, they were granted the pay scale of Graduate Teachers. Thereafter, they applied for inter-district transfers to other Zilla Parishads. The following chart indicates the date of appointment of each Petitioner, the Zilla Parishad in which he was initially appointed, the Zilla Parishad to which he is transferred, the pay scale drawn by him in the erstwhile Zilla Parishad and the pay scale granted to him upon transfer: Writ Petition No. Name of Petitioner Date of Appointment Zilla Parishad Transfer Zilla Parishad Pay Scale at the time of appointm ent Revered pay scale WP/14378/2019 Ritesh Laxmanrao Nimbhorkar 26/12/2005 Latur Aurangabad 9300- 34800 Grade Pay 4300 5200- 20200 Grade pay - 2800 Jhs/ 2/6 22 WP NO. 8985 OF 2018 WP/1193/2020 Amol Ashokrao Khindare 31/07/2004 Parbhani Beed 9300- 34800 Grade Pay 4300 5200- 20200 Grade pay - 2800 WP/14405/2019 Anand Sambharao Dukre 15/12/2005 Latur Hingoli 9300- 34800 Grade Pay 4300 5200- 20200 Grade pay - 2800 WP/8985/2018 Ravi Dharmaraj Marhale 05/03/2003 Nanded Hingoli 9300- 34800 Grade Pay 4300 5200- 20200 Grade pay - 2800 WP/6106/2023 Ajay Vinayakrao Murade 28/08/2004 Nanded Amravati 9300- 34800 Grade Pay 4300 5200- 20200 Grade pay - 2800 WP/1196/2020 Mangesh Ashok Nakate 31/07/2004 Parbhani Solapur 9300- 34800 Grade Pay 4300 5200- 20200 Grade pay - 2800 3. The grievance of the Petitioners is that, upon effecting their inter-district transfers, they have been reverted to the post of Assistant Teacher and, consequently, they would not be entitled to be considered for the post of Headmaster in the Zilla Parishads to which they have now been transferred. According to the Petitioners, such reversion is on account of Clause 3.3 of the Government Resolution dated 24.04.2017, which reads thus: "३.३ जे शिक्षक पदोन्नत झालेले आहेत अा शिक्षकांना आंतरजिजल्हा बदली हवी असल्यास संबंधि!त शिक्षकानी अी आंतरजिजल्हा बदली मान्य झाल्यास स्वखुीने पदावनत करण्याबाबत संमती पत्र दिदल्यानंतरच त्या शिक्षकांचा आंतरजिजल्हा बदलीसाठी दिवचार के ला जाईल.” Jhs/ 3/6 22 WP NO. 8985 OF 2018 4. It is only after joining at the places of transfer that the Petitioners have approached this Court challenging the aforesaid clause. 5. Learned Advocate for the Petitioners vehemently submits that Clause 3.3 of the Government Resolution is contrary to the principles of service jurisprudence. According to him, an employee cannot be reverted in service except by way of disciplinary action. In the present case, merely because the Petitioners sought inter-district transfers at their own request, they have been reverted to their original posts of Assistant Teachers. He submits that the aforesaid clause is discriminatory and arbitrary. It is further submitted that no such policy exists in other departments whereby an employee, upon transfer to another district, is required to suffer reversion and relinquish his seniority. According to him, such a condition has been imposed only upon the teachers employed with the Zilla Parishads. He, therefore, submits that Clause 3.3 of the Government Resolution deserves to be declared ultra vires. 6. Learned AGP vehemently opposes the petitions. He submits that the Petitioners were fully aware of the condition contained in the Government Resolution dated 24.04.2017 when they applied for inter-district transfers. At that stage, they did not raise any objection Jhs/ 4/6 22 WP NO. 8985 OF 2018 to the said condition. Pursuant to their applications, the respective transfer orders were issued, which specifically stipulate that, upon transfer, the Petitioners would be reverted to their original posts of Assistant Teachers. The Petitioners accepted and acted upon the said transfer orders without any protest. 7. Learned AGP further submits that, if the Petitioners had any objection to the aforesaid condition, they ought to have raised it at the relevant stage. Instead, they accepted the transfer orders, joined at the places of transfer and thereafter filed the present petitions. The transfer orders also indicate that the Petitioners had voluntarily relinquished their claim to seniority and had furnished their consent/undertakings accepting the condition of reversion. It is submitted that the inter-district transfers were effected only upon such consent being furnished and, therefore, having accepted the benefit of the transfers on those terms, it is now not open to the Petitioners to challenge the said condition contained in the Government Resolution. 8. We have considered the rival submissions. The Petitioners were appointed as teachers in particular Zilla Parishads. There is nothing placed on record to indicate that they had any right to seek transfer of their services from one Zilla Parishad to another as a matter of course. It was the Petitioners themselves who sought inter- Jhs/ 5/6 22 WP NO. 8985 OF 2018 district transfers to other Zilla Parishads. Such transfers were governed by the Government Resolution dated 24.04.2017. 9. The applications for inter-district transfers were made after issuance of the said Government Resolution. The Petitioners were, therefore, aware of the conditions governing such transfers. Further, they voluntarily furnished undertakings to the respective Zilla Parishads agreeing to relinquish their seniority and accepting reversion to their original posts upon transfer. 10. Having voluntarily accepted the aforesaid conditions, obtained inter-district transfers pursuant thereto and joined at the transferred places, it is now not open to the Petitioners to turn around and challenge the very condition subject to which the transfers were granted. If the Petitioners were aggrieved by such condition, it was open for them to challenge the same before accepting and acting upon the transfer orders. Having failed to do so, the challenge raised at this stage cannot be entertained. 11. In view of the above, we do not find any merit in these petitions. Accordingly, all the Writ Petitions stand dismissed and disposed of. [JITENDRA JAIN, J.] [KISHORE C. SANT, J.] Jhs/ 6/6