3-wp-9495-2023.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9495 OF 2023 1. Shri. Hanumant Hirachand Saklave 2. Shri. Sanjay Dinkar Tembhe 3. Shri. Vilas Gaurihar Divate 4. Shri. Bhimrao Ramchandra Shinde 5. Smt. Rohini Popatrao Ovhal 6. Shri. Vishvas Bapu Ghanawat 7. Smt. Ashwini Subhash Borate 8. Shri. Vilas Hanmant Jadhav 9. Smt. Hemlata Gajanan Navale 10. Shri. Kantilal Jagannath Adsul 11. Shri. Rajendra Dashrath Pisal 12. Shri. Pandurang Kisanrao Shelke 13. Smt. Swati Ramchandra Keskar 14. Smt. Anita Laxman Patole 15. Smt. Jyoti Deepak Jadhav 16. Smt. Vaishali Subhas Nale 17. Smt. Pramila Rajesh Almeida 18. Smt.Gaytri Ashok Joshi 19. Smt.Rani Pravin Poman 20. Smt. Megha Ghanshyam Pavale 21. Smt. Smita Sanjay Godambe 22. Smt.Manisha Waghole 23. Smt.Kavita Sanjay Tembhe 24. Smt. Smita Bhaskar Kamble Nikita 1 of 11 NIKITA KAILAS DARADE Digitally signed by NIKITA KAILAS DARADE Date: 2025.04.08 15:22:19 +0530 3-wp-9495-2023.odt 25. Smt. Vidya Vinayak Chaudhari 26. Smt.Ashwini Naresh Yashwantrao 27. Smt.Jyoti Laxman Thakare 28. Shri.Kadav Jagdishchandra Kashinath 29. Smt. Rajshree Rajendra Patil 30. Smt.Ranjita Bhimrao Khadse 31. Smt.Jayshree Krishna Ghige 32. Smt.Neha Nitin Varkute 33. Shri Sunil Vitthal Patole 34. Smt.Sushama Chintan Shelar 35. Shri Prakash Gangaram Edage 36. Shri Deepak Sampatrao Jadhav 37. Vilas Bhagwan Masal 38. Shri Ramesh Baburao Gaikwad 39. Shri. Prashant Shankar Gandhale 40. Shri. Laxman Baban Jadhav 41. Shri. Sudhir Shankar Bhosale 42. Shri. Arvind Raghunath Chorat 43. Shri. Balasaheb Ranjan Bobade 44. Shri.Shrinivas Vamanrao Dhainje 45. Vandana Abhaykumar Shinde 46. Ganesh Dnyaneshwar Jagtap 47. Digambar Dattatray Hole 48. Shri.Shaikhlal Mubarak Pinjari 49. Shri.Dilip Bapu Jadhav 50. Shri Rajendra Khandu Yelhe 51. Shri.Rajendra Tatyaba Gophane 52. Shri. Vishal Dhanaji Jadhav Nikita 2 of 11 3-wp-9495-2023.odt 53. Shri.Gajanan Vishwnath Nale 54. Shri. Dattatray Dinkar Tarte 55. Shri.Sachin Vishwas Thombare 56. Smt. Sushma Nitin Kadam 57. Shri. Uttam Hariba Choramle 58. Shri.Sachin Mahadev Gaikwad 59. Shri.Ganesh Balasaheb Pakhale 60. Shri.Dattatray Nansaheb Nale 61. Shri Dattatrya Dnyanadev Jadhav 62. Shri.Ankush Shankar Pawar 63. Shri.Shankar Vyankat Gaikwad 64. Shri Shekhar Balkrishna Bhalerao 65. Shri Laxman Malhari Patole 66. Smt.Rupali Bharat Chavan 67. Shri Aatmaram Genba Liman 68. Shri Dattatray Maruti Dhekale 69. Shri Rahul Dattatray Londhe 70. Shri Sagar Natha Khairmode 71. Shri Devidas Ramchandra Nale 72. Smt. Asha Prashant Mapari 73. Smt. Sushma Haresh Thorat 74. Shri Dattatrya Maruti Karande 75. Smt. Shaileja Umeshrao Ranavare 76. Smt.Puja Aanant Prabhune 77. Shri. Imtiyaj Mubarak Tamboli 78. Shri.Ananda Balu Kale 79. Shri. Hanmant Ramchandra Masgude 80. Shri. Vishal Dadaso Khatal Nikita 3 of 11 3-wp-9495-2023.odt 81. Smt.Kirti Samadhan Jadhav 82. Shri.Pravin Dipak Poman 83. Smt.Sangita Parera 84. Smt.Sonali Nitin Mhaiskar 85. Smt.Manasi Sanjay Mahakal 86. Smt. Vidya Santosh Babar 87. Smt.Ashwini Arun Kedari 88. Shri. Vijay Shivdas Bilsore 89. Shri. Nandlal Hiraman Navsare 90. Shri Santosh Ziparu Patil 91. Smt.Prajakta Santosh Chothe 92. Smt.Swati Nickson Carvalho 93. Smt. Sangeeta Mathew Rodrigues 94. Smt.Sheetal Amar Pimple 95. Smt.Manisha Maruti Surose 96. Smt. Reshma Nitin Walunj 97. Shri Shamshad Masud Shaikh 98. Shri.Niwas Shantaram Thakre 99. Smt.Pushpa Bhagwat Patil 100. Shri. Deepak Dattatraya Patole 101. Shri. Avinash Viththal Sonawane 102. Shri. Vijay Namdeo Gore 103. Shri Sunil Goma Patil All aged Adult, Occ. service, working as teachers in the primary schools of the respective Zilla Parishads, as per the Nikita 4 of 11 3-wp-9495-2023.odt details mentioned against their names in the Chart annexed at Exhibit-A to this Writ Petition. ...Petitioners versus 1. The State of Maharashtra, Through the Secretary, Rural Development Department, Mantralaya, Mumbai - 400 032. 2. The Principal Secretary, School Education and Sports Department, Government of Maharashtra, Mantralaya, Mumbai - 400 032. 3. The Director of Education [Primary], Maharashtra State, Pune 4. The Commissioner [Education], Maharashtra State, Pune 5. Satara Zilla Parishad, Satara, Through its Chief Executive Officer 6. Thane Zilla Parishad, Thane, Through its Chief Executive Officer Nikita 5 of 11 3-wp-9495-2023.odt 7. Pune Zilla Parishad, Pune, through its Chief Executive Officer 8. Palghar Zilla Parishad, Palghar through its chief Executive Officer ...Respondents Mr. Naredra V. Bandiwadekar (Senior Advocate) a/w Mr. Vinayak Kumbhar a/w Mr. Rajendra Khaire, a/w Mr. Aniket S. Phapale i/b Ms. Ashwini Bandiwadekar for the Petitioner. Mr. Shrishail Sakhare for the Respondent No.6. Mr. P. P. Kakade Addl. G. P a/w Mr. V. G. Badgujar AGP for the State, Respondent No. 1 to 4. Mrs. Jyotsna Arjun, Senior Officer, R. D.D. Department, Mantralaya, Mumbai, present in the Court. CORAM : RAVINDRA V. GHUGE, & ASHWIN D. BHOBE, JJ. DATE : 1ST APRIL, 2025 JUDGMENT (Per Ravindra V Ghuge, J) 1. Leave to carry out the formal amendment in view of the recent communication dated 28th February, 2025 issued by the Desk Officer, Rural Development Department, addressed to the Chief Executive Officer, Zilla Parishad Thane. The proposed amendment is allowed and to be carried out forthwith. 2. Rule. Rule made returnable forthwith and heard finally by the consent of the parties. Nikita 6 of 11 3-wp-9495-2023.odt 3. After an extensive hearing in this matter, we noticed that the Government Resolution with regard to the Annual General Intra-district Transfer Policy dated 18th June, 2024 is in place. The confusion that is created is on account of the communication dated 28th February 2025 addressed by Ms. Jyotsna Arjun, Desk Officer Maharashtra State, Department of Rural Development, addressed to the Chief Executive Officer Zilla Parishad Thane. 4. For the purpose of clarity, it needs mention that the Petitioners were transferred to the difficult areas from 2011 onwards. The exact dates of their posting in difficult areas are set out in an extensive chart from page numbers 52 to 55. They have not only completed the requisite three years in difficult areas, but many of them have put in 14 to 15 years in difficult areas. Some of them are ladies and by the Government Resolution dated 15th February, 2018 women employees/teachers are not to be deployed in difficult areas and those male employees who have completed 53 years, are also not to be deployed in the difficult areas. 5. The recently issued Government Resolution dated 18th June, 2024 is brought to our notice, relevant clause being no. 1.7(1.7.1 and 1.7.2), which reads as under:- Nikita 7 of 11 3-wp-9495-2023.odt "१.७ बदली अधिकार ्ऺा्म शि्षक :- १.७.१ बदली अधिकार ्ऺा्म शि्षक म्हणजे ज्या शि्षकांची अवघड ्षे्ऴात बदलीसाठी नि(धि)त धरावयाची सेवा ३ वषॏ, िगकवा त्यापे्षा जास्त झाली असेल असे शि्षक. १.७.२ अवघड ्षे्ऴातील ाळांची सुारिरत यादी ्ऺसिसध्द के ल्या(ंतर सव9साारण ्षे्ऴ म्हणु( घोनिषॏत झालेल्या मा्ऴ पूव= अवघड ्षे्ऴामध्ये मोडणाऱ्या ाळांमील शि्षकांची सलग सेवा ३ वषॏ9 झालेली असेल तर, त्यां(ा पुढील बदली वषॏा9मध्ये बदली अधिकार ्ऺा्म करण्यासाठी ्षाहय रण्यात येईल.” 6. Above reproduced clause clearly indicates that a teacher (not a lady teacher any more) who has worked for three years in a difficult area, would acquire the right to be transferred out of the difficult area. Cause 1.7.2 makes it even more clear that if the difficult area in which a teacher has been working and has completed the period entitling him a right to be transferred, is subsequently converted into a plain area due to developments, the time spent by the teacher in the said difficult area before its conversion, would also give advantage to the candidate as he had worked in the difficult area. He would get the right to be transferred out of that area. 7. It is in the above backdrop that the Desk Officer addressed a letter dated 28th February, 2025 to the Chief Executive Officer of the Thane Zilla Parishad which has led to the confusion Nikita 8 of 11 3-wp-9495-2023.odt due to which this Petition has been filed. Clause (1) of the said letter which has led to the confusion reads as under: "१) मु्दा ्व. १ व २:- अवघड ्षे्ऴातील ाळा सव9साारण ्षे्ऴामध्ये समानिव्ि झाल्यास, त्यापूव= एखा्या शि्षका(े अवघड ्षे्ऴातील ाळेमध्ये के लेली सेवा ही अवघड ्षे्ऴातील सेवा समजण्यात यावी व सदर अवघड ्षे्ऴातील कालावी खंडीत सेवा रु( या शि्षकांच्या सव9साारण ्षे्ऴातील बदलीबाबत काय9वाही करावी.” 8. A weird situation is before us. The Desk Officer has unnecessarily used the words “सदर अवघड ्षे्ऴातील कालावी खंडीत सेवा रु( या शि्षकांच्या सव9साारण ्षे्ऴातील बदलीबाबत काय9वाही करावी”. There is no question of treating a person’s tenure of deployment in a difficult area, to be a break in service after the area gets converted into a plain area. 9. The learned AGP, on instructions from the Desk Officer present in the Court, has made an attempt to interpret the word “खंडीत सेवा” to mean that it does not amount to a break in service. We are surprised, to say the least. An unnecessary effort is made to explain the meaning of the word “खंडीत सेवा” by informing us that it Nikita 9 of 11 3-wp-9495-2023.odt does not mean that there would be any break in service. These are words which were not required to be mentioned in the letter dated 28th February, 2025. Clause 1.7.1 and 1.7.2 are unambiguous and clear sentences which do not require any clarification by the Desk Officer. 10. In view of the above, we are issuing the following directions:- a) The communication dated 28th February, 2025 addressed to the Chief Executive Officer Zilla Parishad Thane, shall be overlooked and ignored. b) Clause 1.7.1 and 1.7.2 of the Government Resolution dated 18th June, 2024 shall be read in the manner in which they have been drafted since they are unambiguous and clear sentences. c) The Government Resolution dated 15th February, 2018 shall be followed in ensuring that lady teachers and also male teachers who are 53 plus, would not be deployed in difficult areas. d) The period spent by these Petitioners in the difficult areas, notwithstanding that the said areas have later on being declared to be plain/simple areas, shall stand to gain Nikita 10 of 11 3-wp-9495-2023.odt advantage of the time spent in the difficult areas for all benefits as may be flowing through the policies of the government or the applicable Government Resolutions and in this backdrop, their claims for being transferred out of the said difficult areas shall be entertained by the respective Zilla Parishads. e) Needless to state, they would also be involved in the counseling process as per the policy in vogue. 11. The learned AGP submits on instructions from the Desk Officer present in the Court that in view of the changed policy, each candidate has to make an online application for intra-district transfers and all such candidates, after expressing their 30 options, are not required to undergo any counseling process. They would follow the schedule in the cases of each of these Petitioners accordingly. 12. The Writ Petition is partly allowed in the above terms and Rule is made partly absolute, accordingly. (ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.) Nikita 11 of 11