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Bombay High Court
Rajabhau S/O. Vasantrao Wayal And ... vs State Of Maha. Thr. Principal Secy., ... on 23 March, 2026
Author: M. S. Jawalkar
Bench: M. S. Jawalkar
2026:BHC-NAG:4633-DB
Judgment 1 J-WP No.5112.2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 5112 OF 2025
1) Rajabhau S/o Vasantrao Wayal,
Aged about 47 years, Occ: Service,
R/o Vasant Nagar, Post- Dawargaon,
Tah. Sindkhed Raja, District- Buldhana.
2) Anil S/o Sitaram Sawdatkar,
Aged about 45 years, Occ: Service,
R/o Sawangi Gawli, Panchayat Samiti,
Chikhli, Tah. Chikhli, Dist. Buldhana. .... PETITIONERS
// VERSUS //
1) The State of Maharashtra,
Through Principal Secretary,
Department of Rural Development
and Water Conservation, Bandhkam
Bhavan 25, Mazban Path, Fort,
Mumbai - 4000 001.
2) The Divisional Commissioner,
Amravati Division, Amravati.
3) Zilla Parishd, Buldhana,
Through its Chief Executive Officer,
Tah. and District - Buldhana.
4) The Education Officer, (Primary)
Zilla Parishad, Buldhana,
Tah. and District Buldhana.
5) Vinsis System, State Co-Ordinator
for Transfer of Zilla Parishad Teachers
year 2022, Through Competent Authority,
office at Shivaji Niketan, Tejas Society,
Behind Kothrud Bus Stand,
Kothrud, Pune - 411 038. .... RESPONDENTS
Judgment 2 J-WP No.5112.2025.odt
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Mr. R. B. Dhore, Advocate for the Petitioners.
Mr. A. S. Fulzele, Additional Government Pleader for
Respondent Nos.1 & 2.
Ms. H. N. Jaipurkar, Advocate h/f. Mr. B. N. Jaipurkar,
Advocate for Respondent Nos.3 & 4.
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CORAM : MRS. M. S. JAWALKAR AND
NANDESH S. DESHPANDE, JJ.
DATE ON RESERVING THE JUDGMENT : 16.02.2026
DATE ON PRONOUNCING THE JUDGMENT : 23.03.2026
JUDGMENT :
(Per - M. S. JAWALKAR, J.)
1. Heard. Rule. Rule is made returnable forthwith.
Matter is taken up for final hearing at the stage of admission by
consent and request of the parties.
2. By this Petition, the Petitioners are challenging the
transfer process of Teaching staff in Zilla Parishad, Buldhana for
the year 2025-26, being carried out in contravention of the
Government Resolution dated 18.05.2011, thereby
contemplating absorption of surplus teachers prior to taking up
transfer process.
3. The Petitioners submitted that they are 'Science'
subject teachers working in primary schools under Zilla
Judgment 3 J-WP No.5112.2025.odt
Parishad, Buldhana and belong to the District Technical (Class
III) cadre under the relevant service rules. The Petitioners are
seeking stay to the transfer process in view of the fact that 1 st leg
of the transfer process is being taken up from 28.04.2025 to
03.05.2025.
4. It is further contended that the State Government
issued various policies regulating transfer of Zilla Parishad
teachers, including the Government Resolution dated
18.05.2011, which requires that staffing pattern assessment,
promotions, and absorption of surplus teachers must be
completed before initiating the transfer process. For the year
2025-26, the Authorities initiated the transfer process in
Buldhana district between 28.04.2025 and 03.05.2025 without
first completing the promotion process and absorption of surplus
teachers, as mandated by the policy and subsequent
Government instructions.
5. Due to the new staffing pattern introduced for the
year 2024-25, several teachers were declared surplus. However,
instead of first absorbing these surplus teachers, they were
Judgment 4 J-WP No.5112.2025.odt
permitted to participate in the transfer process. As a result, such
surplus teachers, being higher in the seniority list, obtained
postings in schools that were preferred by the Petitioners,
thereby placing the Petitioners at a disadvantage.
6. The Petitioners had submitted representations and
objections to the Authorities regarding the illegality in the
transfer process. However, no decision was taken on these
representations before proceeding with the transfers.
7. The Petitioners contended that the transfer process
was conducted in violation of the Government Resolutions,
departmental instructions, and relevant Court orders, which
required completion of promotions and absorption of surplus
teachers prior to transfers. Aggrieved by the alleged illegalities
and the loss of their preferred postings, the petitioners have
approached the Court seeking appropriate relief and a stay on
the ongoing transfer process in Buldhana district.
8. Per Contra, the learned Additional Government
Pleader for Respondent made an oral submissions opposing the
present petition and further relied on order and judgment
Judgment 5 J-WP No.5112.2025.odt
passed by this Court in Writ Petition No. 5256 of 2025, Rupali
Ratan Reshwal Vs. The State of Maharashtra and Another, dated
21.01.2026.
9. Heard learned counsel for the parties at length,
carefully examined the pleadings and documents on record, and
duly considered the authorities relied upon by the respective
parties.
10. It appears that there is a representation dated
26.08.2025, filed by the Petitioners to the Chief Executive
Officer, Zilla Parishad, Buldhana, which was duly received by the
Office of the Chief Execution Officer. In view of the pending
representation, the petitioner seeks direction to the Respondent
Authority to take a decision on the said representation.
11. It appears that there is no decision taken on the
representation till today. In view thereof, the petition can be
disposed of with direction to the Respondent No.3.
12. The Respondent No.3 - Chief Executive Officer, Zilla
Parishad, Buldhana is hereby directed to take a decision on the
Judgment 6 J-WP No.5112.2025.odt
pending representation of the petitioner dated 26.08.2025,
within a period of two weeks.
13. If the Petitioner aggrieved by the order of Chief
Executive Officer, he would be at liberty to strictly follow the
Clause 5.10.2 and further process shall be governed by the
clauses as per Clause No.5.10 of the Government Resolution
dated 18.06.2024.
14. The Petitioner shall not be disturbed from their
present posting till the decision of Respondent no.3 on pending
representation.
15. The Writ Petition stands disposed of in the above
terms. No order as to costs. Pending application(s), if any,
stand(s) disposed of.
(NANDESH S. DESHPANDE, J.) (SMT. M.S. JAWALKAR, J.)
Kirtak
Signed by: Mr. B.J. Kirtak
Designation: PA To Honourable Judge
Date: 23/03/2026 19:57:42
