Full Judgment Text
2026:BHC-NAG:749-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 7287 OF 2024
PETITIONER S : 1) Sangita Rajendra Hole, aged about 52
years, Occu.: Service, R/o. Bhagwan Nagar,
Amravati.
2) Shubhangi Nandkishor Dindokar. aged
about 49 years, Occu.: Service, R/o.
Chhabda Plot, Rukhmini Nagar, Amravati.
3) Pratibha Pravin Pawar, aged about 49
years, Occu.: Service, R/o. New Chhagani
Nagar, Amravati.
4) Ashish S/o. Annaji Pawade, aged about 48
years, Occu.: Service. R/o. Ward No.1,
Palaswada, Tq.Warud Distt. Amravati.
5) Milind S/o. Pundlikrao Warkhedkar, aged
about 52 years, Occu.: Service, R/o. Ward
No.9, Mahatma Fule Nagar, Warud, Tq.
Warud Distt. Amravati.
6) Meena Milind Warkhedkar, aged about 52
years, Occu.: Service, R/o. Ward No.9,
Mahatma Fule Nagar, Warud, Tq. Warud
Distt. Amravati.
Deleted as per
Court order dated
23.04.25
7) Mahendra S/o. Bhauraoji Kale, aged about
50 years, Occu.: Service, R/o. At Post
Shendurjana Ghat, Tq. Warud Distt.
Amravati.
8) Minal Prashant Deshmukh, aged about 52
years, Occu.: Service, R/o. Sitaram Baba
Colony, Sai Nagar, Amravati.
9) Prabha Sanjay Magarde, aged about 49
years, Occu.: Service, R/o. Pushpraj Colony,
Sai Nagar, Amravati.
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10) Prakash S/o. Narayanrao Ramteke, aged
about 49 years, Occu.: Service, R/o. Anand
Niketan Colony, Rukhmini Nagar, Amravati.
11) Jaya Bhagwanji Gawai, aged about 45
years, Occu.: Service, R/o. Arogya Sewa
Colony, Rahatgaon Chowki, Amravati.
12) Satish S/o. Namdeorao Dhage, aged about
48 years, Occu.: Service, R/o. Vidarbha
Colony, Morshi, Tq. Morshi Distt. Amravati.
13) Shilpa Sudhakarrao Belsare, aged about 46
years, Occu.: Service, R/o. Suraj Colony,
V.M.V, Amravati.
14) Randhir S/o. Arvindrao Wankhade, aged
about 47 years, Occu.: Service, R/o. Ward
No.1, Ittamgaon, Tq. Warud Distt.
Amravati.
15) Pramod S/o. Vitthalrao Chopade, aged
about 48 years, Occu.: Service, R/o. At Post
Dahigaon, Tq. Nandgaon Khandeshwar
Distt. Amravati.
16) Jaya Devendra Sonparate @ Jaya Jayantrao
Sonkusale, aged about 47 years, Occu.:
Service, R/o. Ward no.9, Sai Baba Colony,
Warud, Tq. Warud Distt. Amravati.
17) Archana Shivshankar Gorle, aged about 43
years, Occu.: Service, R/o. Ward no.10,
Govind Vihar, Warud, Tq. Warud Distt.
Amravati.
Deleted as per
Court order dated
23.04.25.
18) Sandip Prabhakarrao Zade, aged about 48
years, Occu.: Service, R/o. Sai Nagar,
Amravati.
19) Vaishali Bajirao Nandane, aged about 38
years, Occu.: Service, R/o. Civil Lines,
Daryapur, Tq. Daryapur Distt. Amravati.
20) Avinash S/o. Rangnathrao Adhao, aged
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about 46 years, Occu.: Service, R/o.
Santabai Yadav Nagar, Chandur Railway,
Distt. Amravati.
21) Gajanan S/o. Shriramji Bijwe, aged about
51 years, Occu.: Service, R/o. Ward no.2,
Laxmi Vihar, Jarud, Tq. Warud Distt.
Amravati.
22) Vijay S/o. Ramchanraji Tiwaskar, aged
about 51 years, Occu.: Service, R/o. Ward
no.1, Vijay Nagar, Warud, Tq. Warud Distt.
Amravati.
23) Mangesh S/o. Arunrao Kherde, aged about
48 years, Occu.: Service, R/o. Suraj Colony,
V.M.V, Amravati.
24) Ujwal Arvindkumar Raut @ Ujwal Santosh
Raut, aged about 52 years, Occu.: Service,
R/o. Balaji Colony, Kandali, Amravati.
25) Ashish S/o. Damodhar Sapdhare, aged
about 41 years, Occu.: Service, R/o. Ward
no.3, Nerpinglai Tq. Morshi Distt.
Amravati.
26) Vinod Mahadevrao Khakase, aged about 51
years, Occn.: Service, R/o. Uttam Nagar,
Amravati.
27) Malini Pandurang Chandurkar @ Malini
Gajendra Wankhede, aged about 51 years,
Occu.: Service, R/o. Gajanan Township
No.2, Camp, Amravati.
28) Seema Sukhdeo Jadhao, aged about 51
years, Occu.: Service, R/o. Minakshi
Colony, Camp, Amravati.
29) Snehal Gajanan Kalambe, aged about 51
years, Occu.: Service, R/o. Vidyut Nagar,
V.M.V. Amravati.
30) Rameshwar S/o. Shivram Athavale, aged
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about 52 years, Occu.: Service, R/o. At Post
Jawla, Tq. Chandur Bazaar, Distt. Amravati.
31) Vandana Dhanraj Kuche, aged about 52
years, Occu.: Service, R/o. Samarpan
Colony, V.M.V, Amravati.
32) Usha Gajananrao Sonone, aged about 50
years, Occu.: Service, R/o. Vidyaniketan
Colony, Shivaji Nagar, Amravati.
33) Ajay S/o. Ramdaspant Malpe, aged about
51 years, Occu.: Service, R/o. Shikshak
Colony, Ambada, Tq. Morshi Distt.
Amravati.
34) Khushal S/o. Ukandrao Nerkar, aged about
51 years, Occu.: Service, R/o. Prabhag
No.1, Vrundawan Nagar, Warud, Tq. Warud
Distt. Amravati.
35) Ashwini Nagorao Chambhare, aged about
45 years, Occu.: Service, R/o, Ward No.11,
Rashtrasant Colony, Warud, Tq. Warud
Distt. Amravati.
36) Sanju Onkarrao Chokhandre @Sanju
Prakash Ramteke, aged about 47 years,
Occu.: Service, R/o. Anand Niketan Colony,
Rukhmini Nagar, Amravati.
37) Dhanraj S/o. Kisan Kunjekar, aged about 51
years, Occu.: Service, R/o. Aditya Nagar,
Amravati.
38) Narendra S/o. Shamraoji Farkase, aged
about 51 years, Occu.: Service, R/o. Ward
No.1, Jalalkheda, Tq. Narkhed, Distt.
Nagpur.
39) Smita Madhaorao Jadhao @ Smita Vilas
Kadam, aged about 45 years, Occu.:
Service, R/o. Godawari Colony, Rukhmini
Nagar, Amravati.
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40) Bharti Bhimrao Mahure, aged about 50
years, Occu.: Service, R/o. New Rahatgaon,
Shivaji Nagar, Amravati.
41) Pallavi Arun Deulkar, aged about 50 years,
Occu.: Service, R/o. Bhagwan Nagar,
Amravati.
42) Suryakanta Pandurang Balsaraf, aged about
51 years, Occu.: Service, R/o. Shrihari
Nagar, Amravati.
43) Meena Shriramji Kumare, aged about 50
years, Occu.: Service, R/o. New Rahatgaon,
Shivaji Nagar, Amravati.
44) Vaishali Bhujangrao Diwan, aged about 48
years, Occu.: Service, R/o. Flat no. 401,
Mahalaxmi Apartment, Hollywood Colony,
V.M.V, Amravati.
45) Vrushali Prashant Fuse, aged about 43
years, Occu.: Service, R/o. Ward No.4,
Jarud Tq. Warud Distt. Amravati.
Deleted as per
Court order dated
30.07.25.
46) Dinesh S/o. Rambhau Bhagwat, aged about
47 years, Occu.: Service, R/o. At Post Mauli
Jahagir, Fq. and Distt. Amravati.
47) Gitanjali Khushal Nerkar, aged about 45
years, Occu.: Service, R/o. Prabhag No.1,
Pandurna Chowk, Warud Tq. Warud Distt.
Amravati.
48) Kavita Narendra Farkase, aged about 46
years, Occu.: Service, R/o. Ward No.1,
Jalalkheda, Tq. Narkhed, Distt. Nagpur.
49) Bharti Sunil Kase, aged about 45 years,
Occu.: Service, R/o. Bhumi Putra Colony,
Rukhmini Nagar, Amravati.
50) Sheetal Shrikrushna Lahore @ Sheetal
Umesh Lunge, aged about 45 years. Occu.:
Service, R/o. Ward no.14, Near Gajanan
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Mandir, Warud Tq. Warud Distt. Amravati.
51) Sangita Wamanrao Barwad, aged about 44
years, Occu.: Service, R/o. Indira Chowk,
Warud, Tq. Warud Distt. Amravati.
52) Swapnali Pramod Kharchan, aged about 42
years, Occu.: Service, R/o. Maharshi
Valmiki Chowk, Bhatkuli, Tq. Bhatkuli
Distt. Amravati.
53) Anjali Sureshrao Pote @ Anjali Pankajrao
Chafale, aged about 37 years, Occu.:
Service, R/o. Ward no.3, Shingori Tq.
Warud Distt. Amravati.
54) Pranali Rameshrao Kakde, aged about 37
years, Occu.: Service, R/o. at Post, Ridhora
Tq. Katol Distt. Nagpur.
55) Ranjana Manikrao Kadu, aged about 52
years, Occu.: Service, R/o. Ward No.1, Vijay
Nagar, Warud Tq. Warud Distt. Amravati.
-Versus-
RESPONDENTS :
1) The State of Maharashtra, through
Principal Secretary, Department of Rural
Development, Mantralaya, Mumbai-32.
2) The Zilla Parishad Amravati, through its
Chief Executive Officer, Camp Area,
Amravati-444602.
3) The Education Officer (Primary), Zilla
Parishad Amravati.
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Shri Firdos Mirza, Sr. Adv. a/b Ms Isha D. Thakare,
Adv. for the petitioners.
Mr.N.R.Patil, AGP for the respondent-State.
Mr.S.S.Shinde, Adv.for the respondent Nos.2 and 3.
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WRIT PETITION NO. 2289 OF 2025
PETITIONER S : 1) Ku. Jyoti Mahadevrao Bhatkar, Age:- 44
years, Occ.- Service, R/o. New Kalyani
Nagar, Near Navjivan Colony, Opp. Shiv
Temple, Kathora Road, VMV, Amravati, Tq.
and Dist. Amravati.
2) Ku. Anita Digambrrao Ingole, Age :- 52
years, Occ. Service, R/o. ITI Nagar, Near
Saroj Colony, Behind Sadguru Coaching
Classes, Amravati, Tq. and Dist. Amravati.
3) Sau. Kalpana Surendra Deshmukh, Age: 53
years, Occ. Service, R/o. Shri Gajanan
Township No.1, House No.193, Po.
Rahatgaon, Amravati, Tq. and Dist.
Amravati.
4) Ku. Mangala Narayanrao Bhoyar, Age:- 53
years, Occ. Service, R/o. Pote Township,
Kathora Naka, Amravati, Tq. & Dist.
Amravati.
5) Ku. Sandhya Gulabrao Sonkusare, Age: 45
years, Occ. Service, R/o. C/o. Mahendra
Namdevrao Kolhe, Vinayak Nagar, Behind
Radha Nagar, Amravati, Tq. & Dist.
Amravati.
6) Ku. Nisha Pandurang Ingale, Age:- 47
years, Occ. Service, R/o. At. Po. Dahigaon,
Tq. Nandgaon Khandeshwar, Dist.
Amravati.
7) Sangita Deoman Gawai, Age:- 52 years,
Occ. Service, R/o. New Hanuman Nagar,
Near Pathyapustak Mandal, Amravati, Tq.
and Dist. Amravati.
-Versus-
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RESPONDENTS : 1) State of Maharashtra, through its
Secretary, Department of Rural
Development, Mantralaya, Mumbai-32.
2) Zilla Parishad Amravati, through its
Chief Executive Officer, Camp Area,
Amravati, Tq.and Dist.Amravati.
3) The Education Officer (Primary), Zilla
Parishad Amravati, Camp, Amravati,
Tq.and Dist. Amravati.
-----------------------------------------------------------------------------
Shri P. A. Kadu, Adv. for the petitioners.
Mr.N.R.Patil, AGP for the respondent-State.
Mr.S.S.Shinde, Adv.for the respondent Nos.2 and 3.
-----------------------------------------------------------------------------
WRIT PETITION NO. 7486 OF 2024
PETITIONER S : 1) Uttam Ramdas Chunkikar, Aged 53 years,
Occ.: Service, R/o. Ayodhya Vihar, Near
Ravi Karan Colony, Amravati, Tq. and Dist.
Amravati.
2) Anil Ramchandra Kale, Aged 53 years,
Occ.Service, R/o. Sai Nagar, Ashadip
Colony, Daryapur, Tq.Daryapur, Dist.
Amravati.
-Versus-
RESPONDENTS : 1) State of Maharashtra, through its
Secretary, Ministry of Rural
Development, Mantralaya, Mumbai-32.
2) Zilla Parishad Amravati, Through its
Chief Executive Officer, R/o. Tq. and
Dist.Amravati.
3) Education Officer (Primary), Zilla
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Parishad Amravati, Tq. and Dist.
Amravati.
4) M/s. Vincees Software Co.Ltd., Pune Tq.
& Dist. Pune.
-----------------------------------------------------------------------------
Shri S. M. Vaishnav, Adv. for the petitioners.
Mr.N.R.Patil, AGP for the respondent-State.
Mr.S.S.Shinde, Adv.for the respondent Nos.2 and 3.
-----------------------------------------------------------------------------
CORAM: SMT. M. S. JAWALKAR &
NANDESH S. DESHPANDE, JJ.
TH
CLOSED ON : 9 JANUARY, 2026
TH
PRONOUNCED ON : 16 JANUARY, 2026
J U D G M E N T (Per : Smt. M. S. Jawalkar, J.)
Heard. Since issue involved in these petitions is common
and since the parties are the same, they are decided by this common
judgment.
2. Rule. Rule is made returnable forthwith. Heard finally with
the consent of the learned counsel for the parties.
3. By these petitions, the petitioners, who are the employees of
the Zilla Parishad Amravati, challenge the transfer orders dated
31/12/2024. However, in view of the status quo order, they are
working at their original place and post. The petitioners not only
challenge the order of transfers, but also challenge the validity of
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Government Resolution (GR) dated 18/06/2024 and also to quash
and set aside the impugned Difficult Area Round Teachers List issued
by the respondent Nos.2 and 3.
4. It is contention of the petitioners that their transfers were
effected in view of the GR dated 18/06/2024 taking effect from
30/04/2025. It is their grievance that the petitioners had been
transferred to the places where they are presently working within a
period of one and two years only and, therefore, were not eligible to
be transferred. The GR dated 07/04/2021 was made applicable to the
teachers of Zilla Parishads, which were governing the policy of
transfer. The said GR was questioned in one Pravin Pandurang Hood
v. State of Maharashtra in Writ Petition No.5282 of 2023 and
connected matters, which were disposed of on 04/12/2023, in view
of the statement made by the learned AGP that vacancies of the
Headmaster/Assistant Teachers, which shall be existing with it i.e.
Zilla Parishad Amravati, shall be identified and notified on the portal
maintained by the State Government for enabling the consideration of
the claim of the candidates like the petitioners for transferring their
services from difficult tribal area to plain area before the next
academic session in accordance with GR dated 07/04/2021. The
State, however, instead of acting in terms of their statement made on
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04/12/2023, came up with another GR dated 18/06/2024, wherein
“Difficult Area” (clause 1.1); “Plain Area” (clause 1.2) were defined.
Apart from which, by virtue of clause 1.8 of the said GR as many as
20 categories were created from clauses 1.8.1 to 1.8.20 under the title
“Special Category Teacher Part-1” and another category was created
under the heading “Special Category Teacher Part-2”. It was also
challenged by the petitioners that there is no rationale behind the
categorization created as it amounts to discrimination between
persons, who are similarly situated in terms of employment, number
of working hours, nature of duties performed, service conditions and
the emoluments which are to be received by such employees, for
performing the duty, which is not permissible in law. However,
learned Senior Counsel Shri Mirza fairly conceded that challenge to
GR now has lost its importance/merits in view of the judgment dated
14/11/2025 passed by the Principal Seat of this Court in The
Maharashtra Rajya Padvidhar Prathamik Shikshak Va Kendrapramukh
Sabha and others v. The State of Maharashtra and others, Writ
Petition No.5456 of 2025 and other connected petitions, therein
challenge to the validity to the GR dated 27/02/2017 and as
amended from time to time is dismissed and upheld the validity of the
GR in respect of the transfer policy. In view of this, the learned Senior
Counsel pressed only challenge to the impugned Difficult Area Round
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Teachers List.
5. In view of clause 1.10 of the GR dated 07/04/2021 in
terms of which teachers working in plain area for ten years and
for five years in the present place of posting, they are eligible for
being considered for transfer. The proviso thereto, however,
permitted transfer, to vacant seats in difficult area of a person, who
had completed employment in plain area for a period of ten years,
without the requirement of the person being posted in the existing
place of posting for a period of five years being insisted upon. As
vacant seats in the difficult area are to be filled in, the priority to
seniority as per stay in plain area is required to be considered for
transferring the employee from plain area to difficult area. Thus,
there is no difficulty in transferring the person to the difficult
area, who has completed ten years of service in plain area. It
would not be required that he should complete five years of
service in his existing post. However, this exercise has to be
done only if the Zilla Parishad prepared a list of teachers
having served in plain area for ten years and more, i.e. as per their
stay-wise seniority list in plain area. If Annexure-F i.e. Difficult
Area Round Teachers List is perused, there are 15 columns, which
are as under:-
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 7287 OF 2024
PETITIONER S : 1) Sangita Rajendra Hole, aged about 52
years, Occu.: Service, R/o. Bhagwan Nagar,
Amravati.
2) Shubhangi Nandkishor Dindokar. aged
about 49 years, Occu.: Service, R/o.
Chhabda Plot, Rukhmini Nagar, Amravati.
3) Pratibha Pravin Pawar, aged about 49
years, Occu.: Service, R/o. New Chhagani
Nagar, Amravati.
4) Ashish S/o. Annaji Pawade, aged about 48
years, Occu.: Service. R/o. Ward No.1,
Palaswada, Tq.Warud Distt. Amravati.
5) Milind S/o. Pundlikrao Warkhedkar, aged
about 52 years, Occu.: Service, R/o. Ward
No.9, Mahatma Fule Nagar, Warud, Tq.
Warud Distt. Amravati.
6) Meena Milind Warkhedkar, aged about 52
years, Occu.: Service, R/o. Ward No.9,
Mahatma Fule Nagar, Warud, Tq. Warud
Distt. Amravati.
Deleted as per
Court order dated
23.04.25
7) Mahendra S/o. Bhauraoji Kale, aged about
50 years, Occu.: Service, R/o. At Post
Shendurjana Ghat, Tq. Warud Distt.
Amravati.
8) Minal Prashant Deshmukh, aged about 52
years, Occu.: Service, R/o. Sitaram Baba
Colony, Sai Nagar, Amravati.
9) Prabha Sanjay Magarde, aged about 49
years, Occu.: Service, R/o. Pushpraj Colony,
Sai Nagar, Amravati.
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10) Prakash S/o. Narayanrao Ramteke, aged
about 49 years, Occu.: Service, R/o. Anand
Niketan Colony, Rukhmini Nagar, Amravati.
11) Jaya Bhagwanji Gawai, aged about 45
years, Occu.: Service, R/o. Arogya Sewa
Colony, Rahatgaon Chowki, Amravati.
12) Satish S/o. Namdeorao Dhage, aged about
48 years, Occu.: Service, R/o. Vidarbha
Colony, Morshi, Tq. Morshi Distt. Amravati.
13) Shilpa Sudhakarrao Belsare, aged about 46
years, Occu.: Service, R/o. Suraj Colony,
V.M.V, Amravati.
14) Randhir S/o. Arvindrao Wankhade, aged
about 47 years, Occu.: Service, R/o. Ward
No.1, Ittamgaon, Tq. Warud Distt.
Amravati.
15) Pramod S/o. Vitthalrao Chopade, aged
about 48 years, Occu.: Service, R/o. At Post
Dahigaon, Tq. Nandgaon Khandeshwar
Distt. Amravati.
16) Jaya Devendra Sonparate @ Jaya Jayantrao
Sonkusale, aged about 47 years, Occu.:
Service, R/o. Ward no.9, Sai Baba Colony,
Warud, Tq. Warud Distt. Amravati.
17) Archana Shivshankar Gorle, aged about 43
years, Occu.: Service, R/o. Ward no.10,
Govind Vihar, Warud, Tq. Warud Distt.
Amravati.
Deleted as per
Court order dated
23.04.25.
18) Sandip Prabhakarrao Zade, aged about 48
years, Occu.: Service, R/o. Sai Nagar,
Amravati.
19) Vaishali Bajirao Nandane, aged about 38
years, Occu.: Service, R/o. Civil Lines,
Daryapur, Tq. Daryapur Distt. Amravati.
20) Avinash S/o. Rangnathrao Adhao, aged
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about 46 years, Occu.: Service, R/o.
Santabai Yadav Nagar, Chandur Railway,
Distt. Amravati.
21) Gajanan S/o. Shriramji Bijwe, aged about
51 years, Occu.: Service, R/o. Ward no.2,
Laxmi Vihar, Jarud, Tq. Warud Distt.
Amravati.
22) Vijay S/o. Ramchanraji Tiwaskar, aged
about 51 years, Occu.: Service, R/o. Ward
no.1, Vijay Nagar, Warud, Tq. Warud Distt.
Amravati.
23) Mangesh S/o. Arunrao Kherde, aged about
48 years, Occu.: Service, R/o. Suraj Colony,
V.M.V, Amravati.
24) Ujwal Arvindkumar Raut @ Ujwal Santosh
Raut, aged about 52 years, Occu.: Service,
R/o. Balaji Colony, Kandali, Amravati.
25) Ashish S/o. Damodhar Sapdhare, aged
about 41 years, Occu.: Service, R/o. Ward
no.3, Nerpinglai Tq. Morshi Distt.
Amravati.
26) Vinod Mahadevrao Khakase, aged about 51
years, Occn.: Service, R/o. Uttam Nagar,
Amravati.
27) Malini Pandurang Chandurkar @ Malini
Gajendra Wankhede, aged about 51 years,
Occu.: Service, R/o. Gajanan Township
No.2, Camp, Amravati.
28) Seema Sukhdeo Jadhao, aged about 51
years, Occu.: Service, R/o. Minakshi
Colony, Camp, Amravati.
29) Snehal Gajanan Kalambe, aged about 51
years, Occu.: Service, R/o. Vidyut Nagar,
V.M.V. Amravati.
30) Rameshwar S/o. Shivram Athavale, aged
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about 52 years, Occu.: Service, R/o. At Post
Jawla, Tq. Chandur Bazaar, Distt. Amravati.
31) Vandana Dhanraj Kuche, aged about 52
years, Occu.: Service, R/o. Samarpan
Colony, V.M.V, Amravati.
32) Usha Gajananrao Sonone, aged about 50
years, Occu.: Service, R/o. Vidyaniketan
Colony, Shivaji Nagar, Amravati.
33) Ajay S/o. Ramdaspant Malpe, aged about
51 years, Occu.: Service, R/o. Shikshak
Colony, Ambada, Tq. Morshi Distt.
Amravati.
34) Khushal S/o. Ukandrao Nerkar, aged about
51 years, Occu.: Service, R/o. Prabhag
No.1, Vrundawan Nagar, Warud, Tq. Warud
Distt. Amravati.
35) Ashwini Nagorao Chambhare, aged about
45 years, Occu.: Service, R/o, Ward No.11,
Rashtrasant Colony, Warud, Tq. Warud
Distt. Amravati.
36) Sanju Onkarrao Chokhandre @Sanju
Prakash Ramteke, aged about 47 years,
Occu.: Service, R/o. Anand Niketan Colony,
Rukhmini Nagar, Amravati.
37) Dhanraj S/o. Kisan Kunjekar, aged about 51
years, Occu.: Service, R/o. Aditya Nagar,
Amravati.
38) Narendra S/o. Shamraoji Farkase, aged
about 51 years, Occu.: Service, R/o. Ward
No.1, Jalalkheda, Tq. Narkhed, Distt.
Nagpur.
39) Smita Madhaorao Jadhao @ Smita Vilas
Kadam, aged about 45 years, Occu.:
Service, R/o. Godawari Colony, Rukhmini
Nagar, Amravati.
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40) Bharti Bhimrao Mahure, aged about 50
years, Occu.: Service, R/o. New Rahatgaon,
Shivaji Nagar, Amravati.
41) Pallavi Arun Deulkar, aged about 50 years,
Occu.: Service, R/o. Bhagwan Nagar,
Amravati.
42) Suryakanta Pandurang Balsaraf, aged about
51 years, Occu.: Service, R/o. Shrihari
Nagar, Amravati.
43) Meena Shriramji Kumare, aged about 50
years, Occu.: Service, R/o. New Rahatgaon,
Shivaji Nagar, Amravati.
44) Vaishali Bhujangrao Diwan, aged about 48
years, Occu.: Service, R/o. Flat no. 401,
Mahalaxmi Apartment, Hollywood Colony,
V.M.V, Amravati.
45) Vrushali Prashant Fuse, aged about 43
years, Occu.: Service, R/o. Ward No.4,
Jarud Tq. Warud Distt. Amravati.
Deleted as per
Court order dated
30.07.25.
46) Dinesh S/o. Rambhau Bhagwat, aged about
47 years, Occu.: Service, R/o. At Post Mauli
Jahagir, Fq. and Distt. Amravati.
47) Gitanjali Khushal Nerkar, aged about 45
years, Occu.: Service, R/o. Prabhag No.1,
Pandurna Chowk, Warud Tq. Warud Distt.
Amravati.
48) Kavita Narendra Farkase, aged about 46
years, Occu.: Service, R/o. Ward No.1,
Jalalkheda, Tq. Narkhed, Distt. Nagpur.
49) Bharti Sunil Kase, aged about 45 years,
Occu.: Service, R/o. Bhumi Putra Colony,
Rukhmini Nagar, Amravati.
50) Sheetal Shrikrushna Lahore @ Sheetal
Umesh Lunge, aged about 45 years. Occu.:
Service, R/o. Ward no.14, Near Gajanan
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Mandir, Warud Tq. Warud Distt. Amravati.
51) Sangita Wamanrao Barwad, aged about 44
years, Occu.: Service, R/o. Indira Chowk,
Warud, Tq. Warud Distt. Amravati.
52) Swapnali Pramod Kharchan, aged about 42
years, Occu.: Service, R/o. Maharshi
Valmiki Chowk, Bhatkuli, Tq. Bhatkuli
Distt. Amravati.
53) Anjali Sureshrao Pote @ Anjali Pankajrao
Chafale, aged about 37 years, Occu.:
Service, R/o. Ward no.3, Shingori Tq.
Warud Distt. Amravati.
54) Pranali Rameshrao Kakde, aged about 37
years, Occu.: Service, R/o. at Post, Ridhora
Tq. Katol Distt. Nagpur.
55) Ranjana Manikrao Kadu, aged about 52
years, Occu.: Service, R/o. Ward No.1, Vijay
Nagar, Warud Tq. Warud Distt. Amravati.
-Versus-
RESPONDENTS :
1) The State of Maharashtra, through
Principal Secretary, Department of Rural
Development, Mantralaya, Mumbai-32.
2) The Zilla Parishad Amravati, through its
Chief Executive Officer, Camp Area,
Amravati-444602.
3) The Education Officer (Primary), Zilla
Parishad Amravati.
-----------------------------------------------------------------------------
Shri Firdos Mirza, Sr. Adv. a/b Ms Isha D. Thakare,
Adv. for the petitioners.
Mr.N.R.Patil, AGP for the respondent-State.
Mr.S.S.Shinde, Adv.for the respondent Nos.2 and 3.
-----------------------------------------------------------------------------
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WRIT PETITION NO. 2289 OF 2025
PETITIONER S : 1) Ku. Jyoti Mahadevrao Bhatkar, Age:- 44
years, Occ.- Service, R/o. New Kalyani
Nagar, Near Navjivan Colony, Opp. Shiv
Temple, Kathora Road, VMV, Amravati, Tq.
and Dist. Amravati.
2) Ku. Anita Digambrrao Ingole, Age :- 52
years, Occ. Service, R/o. ITI Nagar, Near
Saroj Colony, Behind Sadguru Coaching
Classes, Amravati, Tq. and Dist. Amravati.
3) Sau. Kalpana Surendra Deshmukh, Age: 53
years, Occ. Service, R/o. Shri Gajanan
Township No.1, House No.193, Po.
Rahatgaon, Amravati, Tq. and Dist.
Amravati.
4) Ku. Mangala Narayanrao Bhoyar, Age:- 53
years, Occ. Service, R/o. Pote Township,
Kathora Naka, Amravati, Tq. & Dist.
Amravati.
5) Ku. Sandhya Gulabrao Sonkusare, Age: 45
years, Occ. Service, R/o. C/o. Mahendra
Namdevrao Kolhe, Vinayak Nagar, Behind
Radha Nagar, Amravati, Tq. & Dist.
Amravati.
6) Ku. Nisha Pandurang Ingale, Age:- 47
years, Occ. Service, R/o. At. Po. Dahigaon,
Tq. Nandgaon Khandeshwar, Dist.
Amravati.
7) Sangita Deoman Gawai, Age:- 52 years,
Occ. Service, R/o. New Hanuman Nagar,
Near Pathyapustak Mandal, Amravati, Tq.
and Dist. Amravati.
-Versus-
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RESPONDENTS : 1) State of Maharashtra, through its
Secretary, Department of Rural
Development, Mantralaya, Mumbai-32.
2) Zilla Parishad Amravati, through its
Chief Executive Officer, Camp Area,
Amravati, Tq.and Dist.Amravati.
3) The Education Officer (Primary), Zilla
Parishad Amravati, Camp, Amravati,
Tq.and Dist. Amravati.
-----------------------------------------------------------------------------
Shri P. A. Kadu, Adv. for the petitioners.
Mr.N.R.Patil, AGP for the respondent-State.
Mr.S.S.Shinde, Adv.for the respondent Nos.2 and 3.
-----------------------------------------------------------------------------
WRIT PETITION NO. 7486 OF 2024
PETITIONER S : 1) Uttam Ramdas Chunkikar, Aged 53 years,
Occ.: Service, R/o. Ayodhya Vihar, Near
Ravi Karan Colony, Amravati, Tq. and Dist.
Amravati.
2) Anil Ramchandra Kale, Aged 53 years,
Occ.Service, R/o. Sai Nagar, Ashadip
Colony, Daryapur, Tq.Daryapur, Dist.
Amravati.
-Versus-
RESPONDENTS : 1) State of Maharashtra, through its
Secretary, Ministry of Rural
Development, Mantralaya, Mumbai-32.
2) Zilla Parishad Amravati, Through its
Chief Executive Officer, R/o. Tq. and
Dist.Amravati.
3) Education Officer (Primary), Zilla
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Parishad Amravati, Tq. and Dist.
Amravati.
4) M/s. Vincees Software Co.Ltd., Pune Tq.
& Dist. Pune.
-----------------------------------------------------------------------------
Shri S. M. Vaishnav, Adv. for the petitioners.
Mr.N.R.Patil, AGP for the respondent-State.
Mr.S.S.Shinde, Adv.for the respondent Nos.2 and 3.
-----------------------------------------------------------------------------
CORAM: SMT. M. S. JAWALKAR &
NANDESH S. DESHPANDE, JJ.
TH
CLOSED ON : 9 JANUARY, 2026
TH
PRONOUNCED ON : 16 JANUARY, 2026
J U D G M E N T (Per : Smt. M. S. Jawalkar, J.)
Heard. Since issue involved in these petitions is common
and since the parties are the same, they are decided by this common
judgment.
2. Rule. Rule is made returnable forthwith. Heard finally with
the consent of the learned counsel for the parties.
3. By these petitions, the petitioners, who are the employees of
the Zilla Parishad Amravati, challenge the transfer orders dated
31/12/2024. However, in view of the status quo order, they are
working at their original place and post. The petitioners not only
challenge the order of transfers, but also challenge the validity of
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Government Resolution (GR) dated 18/06/2024 and also to quash
and set aside the impugned Difficult Area Round Teachers List issued
by the respondent Nos.2 and 3.
4. It is contention of the petitioners that their transfers were
effected in view of the GR dated 18/06/2024 taking effect from
30/04/2025. It is their grievance that the petitioners had been
transferred to the places where they are presently working within a
period of one and two years only and, therefore, were not eligible to
be transferred. The GR dated 07/04/2021 was made applicable to the
teachers of Zilla Parishads, which were governing the policy of
transfer. The said GR was questioned in one Pravin Pandurang Hood
v. State of Maharashtra in Writ Petition No.5282 of 2023 and
connected matters, which were disposed of on 04/12/2023, in view
of the statement made by the learned AGP that vacancies of the
Headmaster/Assistant Teachers, which shall be existing with it i.e.
Zilla Parishad Amravati, shall be identified and notified on the portal
maintained by the State Government for enabling the consideration of
the claim of the candidates like the petitioners for transferring their
services from difficult tribal area to plain area before the next
academic session in accordance with GR dated 07/04/2021. The
State, however, instead of acting in terms of their statement made on
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04/12/2023, came up with another GR dated 18/06/2024, wherein
“Difficult Area” (clause 1.1); “Plain Area” (clause 1.2) were defined.
Apart from which, by virtue of clause 1.8 of the said GR as many as
20 categories were created from clauses 1.8.1 to 1.8.20 under the title
“Special Category Teacher Part-1” and another category was created
under the heading “Special Category Teacher Part-2”. It was also
challenged by the petitioners that there is no rationale behind the
categorization created as it amounts to discrimination between
persons, who are similarly situated in terms of employment, number
of working hours, nature of duties performed, service conditions and
the emoluments which are to be received by such employees, for
performing the duty, which is not permissible in law. However,
learned Senior Counsel Shri Mirza fairly conceded that challenge to
GR now has lost its importance/merits in view of the judgment dated
14/11/2025 passed by the Principal Seat of this Court in The
Maharashtra Rajya Padvidhar Prathamik Shikshak Va Kendrapramukh
Sabha and others v. The State of Maharashtra and others, Writ
Petition No.5456 of 2025 and other connected petitions, therein
challenge to the validity to the GR dated 27/02/2017 and as
amended from time to time is dismissed and upheld the validity of the
GR in respect of the transfer policy. In view of this, the learned Senior
Counsel pressed only challenge to the impugned Difficult Area Round
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Teachers List.
5. In view of clause 1.10 of the GR dated 07/04/2021 in
terms of which teachers working in plain area for ten years and
for five years in the present place of posting, they are eligible for
being considered for transfer. The proviso thereto, however,
permitted transfer, to vacant seats in difficult area of a person, who
had completed employment in plain area for a period of ten years,
without the requirement of the person being posted in the existing
place of posting for a period of five years being insisted upon. As
vacant seats in the difficult area are to be filled in, the priority to
seniority as per stay in plain area is required to be considered for
transferring the employee from plain area to difficult area. Thus,
there is no difficulty in transferring the person to the difficult
area, who has completed ten years of service in plain area. It
would not be required that he should complete five years of
service in his existing post. However, this exercise has to be
done only if the Zilla Parishad prepared a list of teachers
having served in plain area for ten years and more, i.e. as per their
stay-wise seniority list in plain area. If Annexure-F i.e. Difficult
Area Round Teachers List is perused, there are 15 columns, which
are as under:-
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| Sr.<br>No. | Name | Shalarth<br>Id | School | UDISE<br>No. | Taluka | Teacher<br>Type | Sub.<br>Type | Medium | DOB |
|---|---|---|---|---|---|---|---|---|---|
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | (10) |
| Current<br>Area<br>Joining date | Current<br>District<br>Joining Date | Current<br>School<br>Joining Date | Totalserviceincurrent<br>districttill30th<br>September 2024 | Total service in<br>currentschooltill<br>30thSeptember,<br>2024 |
|---|---|---|---|---|
| (11) | (12) | (13) | (14) | (15) |
6. After considering these columns, we are satisfied that there
is no column wherein the ‘teachers stayed in plain area’ is mentioned.
The learned counsel for the Zilla Parishad vehemently submitted that
this list itself is stay-wise list. However, on perusal of the same, there
is only heading ‘current district joining date’. If any district is having
plain area as well as difficult area, his date of joining in the district
would not suffice to maintain the seniority list, but his joining date of
school in plain area would be material to fix his seniority. If after
joining in the district for some period in between, he was transferred
to the difficult area and again brought to the plain area in that case
the date of joining in the district may be of prior to ten years, but it
cannot be treated as the date of joining in the plain area. As such, the
list prepared would not be effectively implemented, as it is not as per
Clause 1.10 of the GR dated 07/04/2021. After going through the
judgment of the Principal Seat of this Court in Writ Petition No.5456
of 2025 and other connected petitions (supra), it is clear that the
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difficult area is something different from the area unsuitable for lady
teachers. It may be part of difficult area, but all difficult areas cannot
be said to be unsuitable for lady teachers.
7. Now question only remains about transfer of teachers from
plain area to difficult area and how ten years of service is to be
calculated. As per their stay in plain area, their stay-wise seniority is
required to be fixed. Though learned AGP and the learned counsel for
the Zilla Parishad submitted that the column i.e. entry in ‘current
district joining date’ itself is the date of joining in plain area. However,
as discussed above, in the district where there are plain as well as
difficult areas, then it has to be specifically mentioned that when ten
years of service of the teacher in plain area is completed. As per
seniority after ten years where he has posted, transfer can be effected
as per stay-wise seniority. Unless that is not specifically mentioned, it
cannot be said that clause 1.10 is effectively implemented. Even on
perusal of GR dated 07/04/2021, the information to be filled in as
per Information Form-1 meant to be filled in by eligible teachers to be
transferred no information is called on, since when the teacher is
working in plain area. As such, the list prepared needs to be quashed
and set aside and on the basis of the same, transfers cannot be
effected. It is pointed out by the learned counsel for the Zilla Parishad
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that the portal is prepared by the Government and therefore, we have
no role to play, except submission of information as provided by the
teachers. In view of this, it is also necessary to issue directions to the
State as well as Zilla Parishad to revise the seniority list by modifying
the portal and by inclusion of column ‘current joining date in plain
area’. Accordingly, the writ petition is partly allowed.
9. The ‘Difficult Area Round Teachers List’ dated 28/11/2024
is hereby quashed and set aside. Similarly, the transfer orders dated
31/12/2024 filed at Annexure-I (Pages-153 to 206) in Writ Petition
No.7287/2024, Annexure-V (Pages-62 to 68) in Writ Petition
No.2289/2025 and Annexure-12 (Pages-139-D & 139-F) in Writ
Petition No.7486 of 2024 are hereby quashed and set aside to the
extent of the petitioners.
10. The respondent Nos.1 to 3 shall take immediate efforts
in respect of correction in the portal (website) as observed above
preferably within four months.
11. Rule accordingly. No order as to costs.
(NANDESH S. DESHPANDE, J) (SMT.M. S. JAWALKAR, J)
Signed by: Mr. G.S. Khunte
Designation: PS To Honourable Judge
Date: 19/01/2026 10:18:25
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