Manisha Chandrashekhar Dhole ... vs State Of Maha., Thr. Secretary, ...
2023 Latest Caselaw 4506 Bom

  Judgment                             1                         69-W.P.No.2423.2023.odt




               IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                         NAGPUR BENCH, NAGPUR.

                          WRIT PETITION NO. 2423 OF 2023

 1)       Manisha Chandrashekhar Dhole,
          (maiden name Manisha Bapurao Raut),
          Age - 41 years, Occu. - Assistant Teacher,
          Zilla Parishad Primary Schook at
          Tembursonda, Taluka Chikhaldara,
          District Amravati.

 2)       Ranjana Annasaheb Guhe,
          Age - 41 years, Occu. - Assistant Teacher,
          Primary Schook, Meheariam,
          Taluka Chikhaldara, District Amravati.
                                                             .... PETITIONERS

                                   // VERSUS //

 1)       State of Maharashtra,
          through its Secretary,
          Rural Development and Water
          Conservation Department,
          Mantralaya, Mumbai 400 032.

 2)       Zilla Parishad Amravati,
          through it's Chief Executive Officer,
          Tq. & Dist. Amravati.

 3)       The Education Officer (Primary),
          Zilla Parishad, Amravati,
          Tq. & Dist. Amravati.
                                               .... RESPONDENTS

______________________________________________________________ Mr. R.S. Parsodkar, Advocate for petitioners. Mrs. N.P. Mehta, Assistant Government Pleader for respondent No.1.

Mr. M.M. Rathi, Advocate for respondent Nos.2 and 3. ______________________________________________________________

CORAM : A. S. CHANDURKAR AND M.W. CHANDWANI, JJ DATED : MAY 02, 2023

Judgment 2 69-W.P.No.2423.2023.odt

ORAL JUDGMENT : (Per M.W. Chandwani, J.)

1. Rule. Rule made returnable forthwith. Ms. N.P. Mehta,

learned Assistant Government Pleader waives service of notice for the

respondent No.1 and Mr. M.M. Rathi, learned Counsel waives service of

notice for the respondent Nos.2 and 3. Heard finally by consent of the

learned Counsel appearing for the parties.

2. By the present petition, the petitioners challenge the denial

of their transfer from difficult area to the non-difficult area. The

petition is filed mainly on the ground that the petitioners who are

ladies, they have not been transferred from difficult area to non-

difficult area despite the fact that they have completed 15 to 17 years

in difficult areas. The petitioners seek to rely on the order passed in

Writ Petition No. 3672 of 2023 (Vishwas S/o Yashwant Thakur and

Others Vs. The State of Maharashtra and Others ) dated 13.04.2023,

wherein the Division Bench of the Principal Seat of this Court has

stated that effect of the transfer of the teachers cannot be made in the

difficult areas on the premise that the teachers are ladies.

3. Heard learned Counsel for the petitioners as well as

learned Counsel for the respondents.

Judgment 3 69-W.P.No.2423.2023.odt

4. It appears that Government Resolution dated 07.04.2021

by which Transfer Policy has been framed is a complete Code, wherein

the mechanism has been provided to raise the grievance or to make a

representation before a Committee consisting of Chief Officer vide

Clause 5.10.1, and even against rejection of the representation an

appeal has been provided under Clause 5.10.2. This Court has already

decided various similar petitions and leading petition is Writ Petition

No. 1560 of 2023 (Liladhar Shamrao Pimpalshende and Others Vs. The

State of Maharashtra and another) decided on 11.04.2023. The

petitioners therein have been relegated to the Grievance Committee

under Clause 5.10.1 by the respondent No.2. We are of the opinion

that the petitioners can approach the Committee provided under

Clause 5.10.1 of the Transfer Policy to consider their

grievances/irregularities raised by the petitioners and even the

petitioners may also exercise option of appeal under Clause 5.10.2 of

the Transfer Policy. Hence, the following order is passed :-

(i) The petitioners shall approach the Committee constituted

under the Clause 5.10.1 of the Transfer Policy to raise their

grievances within a period of seven days from the date of

this order.

   Judgment                              4                       69-W.P.No.2423.2023.odt




      (ii)        The Committee, on the receipt of representation/grievance

of the petitioners, if so made within permitted time, shall

decide the said representation/grievance as per the

Transfer Policy.

(iii) Meanwhile, the petitioners shall not be relieved from their

present positing till their grievances is decided by the

Committee.

5. The Writ Petition is disposed of in the above terms.

6. Rule accordingly. No costs.

                (M.W. CHANDWANI, J.)                 (A. S. CHANDURKAR, J.)




 Kirtak