SAU. NILIMA W/O PRAMENDRA SARBERE v. STATE OF MAHARASHTRA, THR. SECRETARY, DEPT. OF RURAL DEVELOPMENT, MUMBAI AND ORS.
WP/3020/2026 · 2026-10-12
body2026
DailyLaw.ai
[ 2026 DAILYLAW 18311 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 18311 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Order wp 3020.2026.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Writ Petition No. 3020 of 2026 [Sau. Nilima w/o Pramendra Sarbere vs. State of Maharashtra, through its Secretary, Department of Rural Development and ors.] --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda Court's or Judge's orders of Coram, Appearances, Court's orders or directions and Registrar's orders. --------------------------------------------------------------------------------------------------------------------------------- Mr. S. S. Shingane, Advocate for the petitioner Mr. N. R. Patil, AGP for the State/respondent no. 1 Mr. Nalin Majithia, Advocate for respondent no. 3
CORAM : ANIL L. PANSARE AND NIVEDITA P. MEHTA, JJ.
DATE : 12-10-2026. Heard.
2. The challenge is to the order dated 25-3-2026 issued by respondent no. 3-Education Officer (Primary), Zilla Parishad, Yavatmal. By the said order, the petitioner has been transferred from the school at Panchayat Samiti, Kalamb to the school at Panchayat Samiti, Waki (Bdk.) on the count that she is longest serving teacher at Panchayat Samiti, Kalamb.
3. The argument is that the petitioner is not the longest serving teacher and in fact, one Mr. Arvind Janardan Zalke is longest serving teacher. He is working in the school at Panchayat Samiti, Kalamb since 13-5-2018. In fact Mr. Zalke was transferred in the year 2023. He challenged the transfer order before this Court in Writ Petition No. 2775/2023. The Court 2026:BHC-NAG:13730-DB
Order wp 3020.2026.odt 2 was pleased to stay the transfer. Respondent no. 3 took note of the said fact of granting stay to Mr. Zalke’s transfer and held that next seniormost is the petitioner and accordingly, transferred her to the school situated at Panchayat Samiti, Waki (Bdk.).
4. Mr. Nalin Majithia, learned counsel for respondent no. 3 makes a statement that Mr. Arvind Zalke and other petitioners have withdrawn Writ Petition No. 2775/2023.
5. If that be so, Mr. Arvind Zalke will be the longest serving teacher and in terms of Government Resolution (G.R.) dated 12-5-2011, it is he who is due for transfer. Accordingly, we allow the writ petition and set aside the impugned order of transfer. Respondent no. 3 shall consider the matter afresh in the light of subsequent developments and shall pass appropriate
order in this regard.
6. The petition is disposed of accordingly. No costs. (JUDGE) (JUDGE) wasnik Signed by: Mr. A. Y. Wasnik Designation: PS To Honourable Judge Date: 13/10/2026 14:36:29