Bombay High Court
Gunratan Nivruttirao Sadavarte vs The State Of Maharashtra. on 2 September, 2025
Author: Ravindra V. Ghuge
Bench: Ravindra V. Ghuge
2025:BHC-AS:36995-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 3254 OF 2025
IN
CRIMINAL WRIT PETITION NO. 188 OF 2024
Gunratan Niwartirao Sadavarte And Anr .. Petitioners
Versus
The Additional Chief Secretary And Ors .. Respondents
WITH
INTERIM APPLICATION NO. 4579 OF 2024
IN
WRIT PETITION NO. 187 OF 2024
AND
502. WRIT PETITION(ST) NO. 29518 OF 2025
Dipak Rajaram Dhumal And Ors ...Petitioners
Versus
The State Of Maharashtra Thr
The Secretary And Ors ..Respondents
AND
503. WRIT PETITION(ST) NO. 29520 OF 2025
Ganesh Chhaganrao Diwate And Ors ...Petitioners
Versus
The State Of Maharashtra Thr
The Secretary And Ors ...Respondents
AND
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502 to 505-IA-3254-25 & ORS.odt
504. WRIT PETITION(ST) NO. 29521 OF 2025
Vinod Dattatray Narute ...Petitioner
Versus
The State Of Maharashtra Thr
The Secretary And Ors ...Respondents
AND
505. WRIT PETITION(ST) NO. 29522 OF 2025
Surekha Sopan Bankar ...Petitioner
Versus
The State Of Maharashtra Thr
The Secretary And Ors ...Respondents
Mr. Suresh Pakale a/w. Mr. Saurabh Pakale i/b. Padmaja Malgaonkar,
for the Petitioner.
Mr. Ashwin R. Kapadnis, for the Respondent- ZP Pune.
Mr. S.H.Kankal, AGP for Respondent-State in WPST/29518/25.
Ms. Priyanka Chavan, AGP for Respondent State in WPST/29520/25.
Mr. P.N. Diwan, AGP for Respondent - State in WPST/29521/25.
Mr. P. P. Kakade a/w. Mr. A.K.Naik, AGP for Respondent -State in
WPST/29522/25.
CORAM: RAVINDRA V. GHUGE
&
GAUTAM A. ANKHAD, JJ.
DATE: 2nd SEPTEMBER, 2025
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P. C.
1. We have heard Mr. Pakale, learned Senior Advocate along with
Mr. Saurabh Pakale for the Petitioners, the learned Advocate for Zilha Parishad
and the learned AGP on behalf of the State Authorities.
2. Respondent No.11 is a formal party since it is a private Company,
which operates the Teacher Transfer Management System for the Government
of Maharashtra Rural Development Department.
3. The learned AGP submits that the process of granting
appointments to candidates on the principle of couple convenience is still
underway. If the Petitioners make an application to the CEO of the Zilla
Parishad, as per the prescribed procedure, such applications can be considered
at the level of the Zilla Parishad. The Petitioners have directly rushed to this
Court.
4. The learned AGP submits that if any one of the spouses (couple)
makes an application to the Zilla Parishad, since one of the spouse is permitted
to make an application and not both spouses, the Zilla Parishad would consider
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the application and make an effort to post the couples, as far as possible and
practicable, within a radius of 30 kilometers.
5. In view of the above, we permit the Petitioners to make their
applications to the CEO of the concerned Zilla Parishad for couple
convenience, within 7 days from today. We clarify that one member of the
couple i.e. either the husband or the wife, with mutual agreement, would be
filing such an application and both would not file such application. After the
Zilla Parishad receives such applications, the CEO Zilla Parishad would
consider the procedure and the Government Resolution applicable and
accordingly ensure that the couple convenience policy is given effect to, as
expeditiously as possible.
6. Needless to state, until such a decision, the Petitioners would not
be relieved since the learned Advocate for the Zilla Parishad submits that they
are yet to be relieved.
7. In the event any of these Petitioners are not liable to be
transferred, they may say so in their individual application addressed to the
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CEO Zilla Parishad and the said authority would apply its mind to such a
statement.
8. While parting with these matters, having perused a
communication by a Minister of the School Department, State of Maharashtra
dated 15th April 2025, virtually informing the Secretary Rural Development
and Panchayat Raj Ministry to grant appropriate transfer Order, we find that
such communication runs contrary to the dictum laid down by this Court in the
Judgment dated 12th December, 2018 [Coram: Shri. Abhay S. Oka (as His
Lordship then was) and Hon'ble Shri. Sandeep K. Shinde, JJ.] delivered in
Writ Petition No.8987 of 2018 (Balasaheb Vitthalrao Tidke V/s. The State of
Maharashtra and Anr.). The observations of the Court in two paragraphs (both
paragraphs are numbered 2), read as under :
"2. In the order dated 3rd December, 2018, we have recorded the
assurance of the State that it will be ensured that the process of
transfers will not be influenced by the recommendations made by
elected representatives of people and the Hon'ble Ministers who are
not concerned with the process of transfers. In terms of the said
statement, Mr. Dinesh Kumar Jain, the Chief Secretary of the
Government of Maharashtra has filed an Affidavit. The Affidavit
dated 12th December, 2018 is taken on record and marked 'A' for
identification. Paras-1 and 2 of the said Affidavit reads thus :
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"1. I submit that I am filing the present Affidavit for
the limited purpose of stating that the process of transfer
at the level of the Government will not be influenced by
any recommendations made by any political leaders,
members of political parties or any Hon'ble Ministers
who are not part of the process of transfers.
2. I submit that all authorities who are competent to
effect the transfers will be advised to strictly follow
provisions of the Maharashtra Government Servants
Regulation the of Transfers and Prevention of Delay in
Discharge of Official Duties Act, 2005 while issuing
transfer order."
2. We accept the statements made in paragraphs-1 and 2 of the
said affidavit quoted above as the Undertakings given on behalf of
the State of Maharashtra. Now there is a clear assurance that all
transfers will be effected strictly in accordance with the provisions
of the said Act of 2005 and none of the transfers will now be
influenced by the recommendations of the political leaders
including the Hon'ble Ministers (who are not a part of the process
of transfers). We direct that the statements made in para-1 of the
said Affidavit are brought to the notice of all the concerned who
have to exercise powers of transfer under the said Act of 2015 so
that there will not be any attempt to make any recommendations
thereby influencing the process of transfers of the Government
Servants."
9. With the above directions, all these Petitions are disposed off.
[GAUTAM A. ANKHAD, J.] [RAVINDRA V. GHUGE, J.]
