Bombay High Court
Ku. Yogita Madhukar Shinde vs State Of Maharashtra, Thr. The ... on 20 March, 2019
Author: Sunil B. Shukre
Bench: Sunil B. Shukre, Pushpa V. Ganediwala
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION No.4454 OF 2018
1. Milind s/o. Sudhakarrao Ambalkar,
Aged about 45 years,
Occupation : Teacher,
R/o. Chandore Nagar, Yavatmal,
Distt. Yavatmal.
2. Pravin s/o. Hanumantrao Darekar,
Aged about 50 years,
Occupation : Teacher,
R/o. Shreyas Vihar Apartment,
Virwamanrao Chowk,
Distt. Yavatmal.
3. Ishwari w/o. Ruprao Lohi,
Aged about 37 years,
Occupation : Teacher,
R/o. New Lunwat Nagar, Dhamangaon Railway,
Tq. Dhamangaon Railway, Distt. Amravati.
4. Jyoti d/o. Motiram Lele,
Aged about 40 years,
Occupation : Teacher,
R/o. Wapalkar Layout, Ward No.3,
Pulgaon, Tq. Deoli, Distt. Wardha.
5. Rajendra s/o. Namdeorao Tirmare,
Aged about 51 years,
Occupation : Teacher,
R/o. Chandore Nagar, Moha Phata,
Yavatmal,Distt. Yavatmal.
6. Harshala d/o. Laxman Mundokar,
Aged about 36 years,
Occupation : Teacher,
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R/o. Bangar Nagar, Waghapur Phata, Yavtmal,
Distt. Yavatmal.
7. Savita w/o. Vasantrao Naik,
Aged about 38 years,
Occupation : Teacher,
R/o. Mangalmurti Nagar Wadgaon Road,
Yavatmal, Distt. Yavatmal.
8. Abeda Begum Haji Ayyub Khan Ahemdi,
Aged about 50 years,
Occupation : Teacher,
R/o. Taj Society, Yavatmal.
9. Javed Khan Raheman Khan,
Aged about 40 years,
Occupation : Teacher,
R/o. Kalam Chowk, Yavatmal,
Tq. & Distt. Yavatmal.
10. Archana w/o. Vijay Kale,
Aged about 50 years,
Occupation : Teacher,
R/o. Waghapur Road, Near Sanjay Gandhi School,
Yavatmal.
11. Shashikant s/o. Ghansham Lole,
Aged about 44 years,
Occupation : Teacher,
R/o. Raviraj Nagar, Wadgaon Road,
Yavatmal.
12. Gautam s/o. Deorao Ahate,
Aged about 43 years,
Occupation : Teacher,
R/o. Renuka Nagar, Yavatmal,
Distt. Yavatmal. : PETITIONERS
...VERSUS...
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1. State of Maharashtra,
Through the Principal Secretary,
Rural Development Department,
Mantralaya, Mumbai-32.
2. Zilla Parishad, Yavatmal,
Through its Chief Executive Officer,
Having office at Z.P. Building,
Arni Road, Yavatmal 445 002. : RESPONDENTS
AND
WRIT PETITION NO.4651/2018
Ku. Bhawana Krishna Pangantiwar,
Aged 34 years, Occ. Service,
R/o c/o Kapil Sudhakar Guntewar,
Plot No. 41, In front of Shivraj Vyayam
Shala, Swapnil Nagar, Wadgaon Road,
Yavatma. .....PETITIONER
...V E R S U S...
1. State of Maharashtra, through
Principal Secretary, Department of
Rural Development, Mantralaya,
Mumbai-32.
2. Zilla Parishad, Yavatmal, through
its Chief Executive Officer, having
office at Z. P. Building, Arni Road,
Yavatmal-445 002 ...RESPONDENTS
AND
WRIT PETITION NO.4708/2018
Ku. Lopa Parashramji Kurumkar,
Aged 48 years, Occ. Service,
R/o Near Borle Layout Tower,
Agrawal Layout, Bosa Road, Yavatmal. .....PETITIONER
...V E R S U S...
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1. State of Maharashtra, through
Principal Secretary, Department of
Rural Development, Mantralaya,
Mumbai-32.
2. Zilla Parishad, Yavatmal, through
its Chief Executive Officer, having
office at Z. P. Building, Arni Road,
Yavatmal-445 002 ...RESPONDENTS
AND
WRIT PETITION NO.4709/2018
Nurussahar Abdul Sattar,
Aged 38 years, Occ. Service,
R/o c/o Izhar Ahmad, Plot No. 279,
Golden Park Road, Yavatmal,
Dist. Yavatmal. .....PETITIONER
...V E R S U S...
1. State of Maharashtra, through
Principal Secretary, Department of
Rural Development, Mantralaya,
Mumbai-32.
2. Zilla Parishad, Yavatmal, through
its Chief Executive Officer, having
office at Z. P. Building, Arni Road,
Yavatmal-445 002 ...RESPONDENTS
AND
WRIT PETITION NO.4710/2018
Ku. Sharda Krushnarao Lingalwar,
Aged 44 years, Occ. Service,
R/o Plo No. 26, Mahavir Nagar Part-1,
Darwha Road, Yavatmal, .....PETITIONER
...V E R S U S...
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1. State of Maharashtra, through
Principal Secretary, Department of
Rural Development, Mantralaya,
Mumbai-32.
2. Zilla Parishad, Yavatmal, through
its Chief Executive Officer, having
office at Z. P. Building, Arni Road,
Yavatmal-445 002 ...RESPONDENTS
AND
WRIT PETITION NO.4711/2018
Ku. Sushma Laxman Dupare,
Aged 40 years, Occ. Service,
R/o Plot No. 36, Madhuban Colony,
Dhamangaon Road, Yavatmal .....PETITIONER
...V E R S U S...
1. State of Maharashtra, through
Principal Secretary, Department of
Rural Development, Mantralaya,
Mumbai-32.
2. Zilla Parishad, Yavatmal, through
its Chief Executive Officer, having
office at Z. P. Building, Arni Road,
Yavatmal-445 002 ...RESPONDENTS
AND
WRIT PETITION NO.4712/2018
Ku. Yogita Madhukar Shinde,
Aged 42 years, Occ. Service,
R/o Chandore Nagar, Vinayi Sahakari
Gruhanirman Sanstha, Dhamangaon
Road, Moha, Tq. Dist. Yavatmal. .....PETITIONER
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...V E R S U S...
1. State of Maharashtra, through
Principal Secretary, Department of
Rural Development, Mantralaya,
Mumbai-32.
2. Zilla Parishad, Yavatmal, through
its Chief Executive Officer, having
office at Z. P. Building, Arni Road,
Yavatmal-445 002 ...RESPONDENTS
AND
WRIT PETITION NO.4713/2018
Ku. Sima Bramhanand Madavi,
Aged 39 years, Occ. Service,
R/o Sai Sahawas, Borle Layout,
Yavatmal. .....PETITIONER
...V E R S U S...
1. State of Maharashtra, through
Principal Secretary, Department of
Rural Development, Mantralaya,
Mumbai-32.
2. Zilla Parishad, Yavatmal, through
its Chief Executive Officer, having
office at Z. P. Building, Arni Road,
Yavatmal-445 002 ...RESPONDENTS
AND
WRIT PETITION NO.4714/2018
Ku. Shalini Janrao Wadhe,
Aged 44 years, Occ. Service,
R/o 27, Nandanwan Nagar (Rathod Layout),
Near Kantanand Bhavan, Yavatmal. .....PETITIONER
...V E R S U S...
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1. State of Maharashtra, through
Principal Secretary, Department of
Rural Development, Mantralaya,
Mumbai-32.
2. Zilla Parishad, Yavatmal, through
its Chief Executive Officer, having
office at Z. P. Building, Arni Road,
Yavatmal-445 002 ...RESPONDENTS
AND
WRIT PETITION NO.4715/2018
Ku. Manda Babanrao Lanjewar,
Aged 48 years, Occ. Service,
R/o 146, Balaji Park, Pimpalgaon Road,
Yavatmal, Tq. Dist. Yavatmal. .....PETITIONER
...V E R S U S...
1. State of Maharashtra, through
Principal Secretary, Department of
Rural Development, Mantralaya,
Mumbai-32.
2. Zilla Parishad, Yavatmal, through
its Chief Executive Officer, having
office at Z. P. Building, Arni Road,
Yavatmal-445 002 ...RESPONDENTS
AND
WRIT PETITION NO.4716/2018
Ku. Sunita Vilas Kale,
Aged 50 years, Occ. Service,
R/o Shambhuk Ward, Behind Gupta
Building, Tilakwadi, Yavatmal,
Tq. Dist. Yavatmal. .....PETITIONER
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...V E R S U S...
1. State of Maharashtra, through
Principal Secretary, Department of
Rural Development, Mantralaya,
Mumbai-32.
2. Zilla Parishad, Yavatmal, through
its Chief Executive Officer, having
office at Z. P. Building, Arni Road,
Yavatmal-445 002 ...RESPONDENTS
AND
WRIT PETITION NO.4717/2018
Ku. Usha Gajanan Thute,
Aged 42 years, Occ. Service,
R/o Adarsh Nagar, Behind Sandip Talkies,
Yavatmal, Tq. Dist. Yavatmal. .....PETITIONER
...V E R S U S...
1. State of Maharashtra, through
Principal Secretary, Department of
Rural Development, Mantralaya,
Mumbai-32.
2. Zilla Parishad, Yavatmal, through
its Chief Executive Officer, having
office at Z. P. Building, Arni Road,
Yavatmal-445 002 ...RESPONDENTS
AND
WRIT PETITION NO.4718/2018
Ku. Sarita Hemdev Chandekar,
Aged 34 years, Occ. Service,
r/o Putla Nagar, Sharaddha Nagar Road,
Wadgaon, Yavatmal, Dist. Yavatmal. .....PETITIONER
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...V E R S U S...
1. State of Maharashtra, through
Principal Secretary, Department of
Rural Development, Mantralaya,
Mumbai-32.
2. Zilla Parishad, Yavatmal, through
its Chief Executive Officer, having
office at Z. P. Building, Arni Road,
Yavatmal-445 002 ...RESPONDENTS
AND
WRIT PETITION NO.4719/2018
Ku. Jyoti Ramrao Khandale,
Aged 38 years, Occ. Service,
r/o c/o Mangesh Manohar Futane,
Z.P. Krushi Colony, Ram Nagar,
Yavatmal. .....PETITIONER
...V E R S U S...
1. State of Maharashtra, through
Principal Secretary, Department of
Rural Development, Mantralaya,
Mumbai-32.
2. Zilla Parishad, Yavatmal, through
its Chief Executive Officer, having
office at Z. P. Building, Arni Road,
Yavatmal-445 002 ...RESPONDENTS
AND
WRIT PETITION NO.4720/2018
Shri Nilesh Madanrao Thakre,
Aged 38 years, Occ. Service,
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r/o 28-B, Gopi Krishna Park,
Kaushal Bhavan, Arni Road,
Yavatmal. .....PETITIONER
...V E R S U S...
1. State of Maharashtra, through
Principal Secretary, Department of
Rural Development, Mantralaya,
Mumbai-32.
2. Zilla Parishad, Yavatmal, through
its Chief Executive Officer, having
office at Z. P. Building, Arni Road,
Yavatmal-445 002 ...RESPONDENTS
AND
WRIT PETITION NO.4721/2018
Shri Ranjit Krushnarao Dere,
Aged 48 years, Occ. Service,
r/o Mahananda Nagar, Umarsara,
Yavatmal, Dist. Yavatmal. .....PETITIONER
...V E R S U S...
1. State of Maharashtra, through
Principal Secretary, Department of
Rural Development, Mantralaya,
Mumbai-32.
2. Zilla Parishad, Yavatmal, through
its Chief Executive Officer, having
office at Z. P. Building, Arni Road,
Yavatmal-445 002 ...RESPONDENTS
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AND
WRIT PETITION NO.4722/2018
Shri Rajhans Ramdasji Mendhe,
Aged 48 years, Occ. Service,
r/o Near Ellora Tiles Factory,
Umarsar, Yavatmal. .....PETITIONER
...V E R S U S...
1. State of Maharashtra, through
Principal Secretary, Department of
Rural Development, Mantralaya,
Mumbai-32.
2. Zilla Parishad, Yavatmal, through
its Chief Executive Officer, having
office at Z. P. Building, Arni Road,
Yavatmal-445 002 ...RESPONDENTS
AND
WRIT PETITION NO.4723/2018
Shri Pramod Vyankatrao Kamble,
Aged 53 years, Occ. Service,
r/o 15, Kolhe Layout, Darwha Road,
Yavatmal. .....PETITIONER
...V E R S U S...
1. State of Maharashtra, through
Principal Secretary, Department of
Rural Development, Mantralaya,
Mumbai-32.
2. Zilla Parishad, Yavatmal, through
its Chief Executive Officer, having
office at Z. P. Building, Arni Road,
Yavatmal-445 002 ...RESPONDENTS
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AND
WRIT PETITION NO.4724/2018
Ku. Nanda Vasudeorao Bhoyar,
Aged 5048 years, Occ. Service,
r/o Chandor Nagar, Dhamangaon Road,
Moha, Yavatmal. .....PETITIONER
...V E R S U S...
1. State of Maharashtra, through
Principal Secretary, Department of
Rural Development, Mantralaya,
Mumbai-32.
2. Zilla Parishad, Yavatmal, through
its Chief Executive Officer, having
office at Z. P. Building, Arni Road,
Yavatmal-445 002 ...RESPONDENTS
AND
WRIT PETITION NO.4725/2018
Ku. Sunita Yadavrao Gughane,
Aged 48 years, Occ. Service,
r/o Plot No.16, Dhanwantri Society,
Kale Layout, Wadgaon Road,
Yavatmal. .....PETITIONER
...V E R S U S...
1. State of Maharashtra, through
Principal Secretary, Department of
Rural Development, Mantralaya,
Mumbai-32.
2. Zilla Parishad, Yavatmal, through
its Chief Executive Officer, having
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office at Z. P. Building, Arni Road,
Yavatmal-445 002 ...RESPONDENTS
AND
WRIT PETITION NO.5513/2018
Ku. Sangita Ramrao Maske,
Aged 38 years, Occ. Service,
R/o Uttarvadona, Tq. Ner,
Dist. Yavatma. .....PETITIONER
...V E R S U S...
1. State of Maharashtra, through
Principal Secretary, Department of
Rural Development, Mantralaya,
Mumbai-32.
2. Zilla Parishad, Yavatmal, through
its Chief Executive Officer, having
office at Z. P. Building, Arni Road,
Yavatmal-445 002 ...RESPONDENTS
AND
WRIT PETITION NO.6725/2018
1. Ku. Archana Pralhadrao Khobragade,
Aged 38 years, Occ. Service
2. Dinesh Shamrao Tirpude,
aged 40years, Occ. Service.
Both r/o 86, Madhav Nagar,
Behind Nandurkar School,
Near Vaishali Society, Waghpur,
Yavatmal, Dist. Yavatmal. .....PETITIONERS
...V E R S U S...
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1. State of Maharashtra, through
Principal Secretary, Department of
Rural Development, Mantralaya,
Mumbai-32.
2. The Divisional Commissioner,
Amravati Division, Amravati.
3. Zilla Parishad, Yavatmal, through
its Chief Executive Officer, having
office at Z. P. Building, Arni Road,
Yavatmal-445 002 ...RESPONDENTS
AND
WRIT PETITION NO.6727/2018
Ku. Dipmala Raghoji Sukhdeve,
Aged 48 years, Occ. Service,
r/o c/o Vijay S. Rangari, B-12,
Radhakrishuna Nagar, Lohara,
Waghapur Road, Yavatmal. .....PETITIONER
...V E R S U S...
1. State of Maharashtra, through
Principal Secretary, Department of
Rural Development, Mantralaya,
Mumbai-32.
2. The Divisional Commissioner,
Amravati Division, Amravati.
3. Zilla Parishad, Yavatmal, through
its Chief Executive Officer, having
office at Z. P. Building, Arni Road,
Yavatmal-445 002 ...RESPONDENTS
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Mr. A. I. Sheikh, Advocate for petitioners.
Mr. V. P. Maldhure, Ms H. Brabhu, Mr. A. V. Palshikar, Ms G.
Tiwari, Ms S. Haider, Assistant Government Pleaders for
respondent no. 1.
Mr. Mr. Rahul Tajne, Mr. Nalin Majithia, Mr. R. D. Bhuibhar, Mr.B.
N. Jaipurkar, Mr. J. Y. Ghurde, Mr. S. S. Bhalerao, Mr. M. L.
Vairagade, Advocates for respondent no.2-Zilla Parishad.
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CORAM:- SUNIL B. SHUKRE &
PUSHPA V. GANEDIWALA, JJ.
DATED :- 20.03.2019
ORAL JUDGMENT (Per: Sunil B. Shukre, J.)
1. Heard. Rule. Rule is made returnable forthwith. Heard finally by consent of the parties.
2. We have already taken a view in identical matters that the time allowed for completing participation in the online process for transfer was inadequate and so far as the Districts like, Yavatmal and Buldhana are concerned, it is also discriminatory to the disadvantage of the employees. The facts of these petitions are also similar insofar as concerned, inadequacy of the time given for participation in the online process stage and as such, these petitions deserve to be allowed and disposed of on similar lines, as connected matters.
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3. Accordingly, the writ petitions are partly allowed. However, we would not make any interference with the impugned transfer orders, but we would allow the petitioners to take part in the current transfer process. We also direct the respondents to give reasonably sufficient time to the petitioners and all other similarly situated employees, for making effective participation in the transfer, in accordance with the rules. While effecting the transfers for the current year, the authorities shall also bear in mind the observations made by this Court in Writ Petition No.4190/2018 decided on 22.02.2019.
Rule is made absolute in the above terms. No order as to costs.
Authenticated copy of this judgment may be given to the learned counsel for the parties.
JUDGE JUDGE
kahale
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