Judgment · High Court · 2026
Case at a glance
Outcome
Partly allowed
Accordingly, the writ petition is partly allowed
Provisions considered
Key paragraphs
- Para 99. The ‘Difficult Area Round Teachers List’ dated 28/11/2024is hereby quashed and set aside. Similarly, the transfer orders dated31/12/2024 filed at Annexure-I (Pages-153 to 206) in Writ PetitionNo.7287/2024, Annexure-V (Pages-62 to 68) in Writ PetitionNo.2289/2025 and Annexure-12 (Pages-139-D & 139-F) in WritPetition No.7486 of 2024…
Judgment
WP-7287.24+2-J.odt 1/15 IN THE HIGH COURT OF JUDICATURE AT BOMBAYNAGPUR BENCH, NAGPUR.WRIT PETITION NO. 7287 OF 2024PETITIONER S :1)Sangita Rajendra Hole, aged about 52years, Occu.: Service, R/o. Bhagwan Nagar, Amravati.2)Shubhangi Nandkishor Dindokar. agedabout 49 years, Occu.: Service, R/o.Chhabda Plot, Rukhmini Nagar, Amravati.3)Pratibha Pravin Pawar, aged about 49years, Occu.: Service, R/o. New ChhaganiNagar, Amravati.4)Ashish S/o. Annaji Pawade, aged about 48years, Occu.: Service. R/o. Ward No.1,Palaswada, Tq.Warud Distt. Amravati. 5)Milind S/o. Pundlikrao Warkhedkar, agedabout 52 years, Occu.: Service, R/o. WardNo.9, Mahatma Fule Nagar, Warud, Tq.Warud Distt. Amravati.6)Meena Milind Warkhedkar, aged about 52years, Occu.: Service, R/o. Ward No.9,Mahatma Fule Nagar, Warud, Tq. WarudDistt. Amravati. Deleted as per Court order dated 23.04.257) Mahendra S/o. Bhauraoji Kale, aged about50 years, Occu.: Service, R/o.
At PostShendurjana Ghat, Tq. Warud Distt. Amravati.8) Minal Prashant Deshmukh, aged about 52years, Occu.: Service, R/o. Sitaram BabaColony, Sai Nagar, Amravati.9)Prabha Sanjay Magarde, aged about 49years, Occu.: Service, R/o. Pushpraj Colony, Sai Nagar, Amravati.KHUNTE WP-7287.24+2-J.odt 2/15 10)Prakash S/o. Narayanrao Ramteke, agedabout 49 years, Occu.: Service, R/o. AnandNiketan Colony, Rukhmini Nagar, Amravati.11)Jaya Bhagwanji Gawai, aged about 45years, Occu.: Service, R/o. Arogya SewaColony, Rahatgaon Chowki, Amravati.12)Satish S/o. Namdeorao Dhage, aged about48 years, Occu.: Service, R/o. VidarbhaColony, Morshi, Tq. Morshi Distt. Amravati.13)Shilpa Sudhakarrao Belsare, aged about 46years, Occu.: Service, R/o. Suraj Colony,V.M.V, Amravati.14)Randhir S/o. Arvindrao Wankhade, agedabout 47 years, Occu.: Service, R/o. WardNo.1, Ittamgaon, Tq. Warud Distt. Amravati.15)Pramod S/o. Vitthalrao Chopade, agedabout 48 years, Occu.: Service, R/o.
At PostDahigaon, Tq. Nandgaon KhandeshwarDistt. Amravati.16)Jaya Devendra Sonparate @ Jaya JayantraoSonkusale, 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 43years, 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 48years, Occu.: Service, R/o. Sai Nagar, Amravati.19)Vaishali Bajirao Nandane, aged about 38years, Occu.: Service, R/o. Civil Lines, Daryapur, Tq. Daryapur Distt. Amravati.20)Avinash S/o. Rangnathrao Adhao, agedKHUNTE WP-7287.24+2-J.odt 3/15 about 46 years, Occu.: Service, R/o.Santabai Yadav Nagar, Chandur Railway, Distt. Amravati.21)Gajanan S/o. Shriramji Bijwe, aged about51 years, Occu.: Service, R/o. Ward no.2,Laxmi Vihar, Jarud, Tq. Warud Distt. Amravati.22)Vijay S/o. Ramchanraji Tiwaskar, agedabout 51 years, Occu.: Service, R/o.
Wardno.1, Vijay Nagar, Warud, Tq. Warud Distt. Amravati.23)Mangesh S/o. Arunrao Kherde, aged about48 years, Occu.: Service, R/o. Suraj Colony,V.M.V, Amravati.24)Ujwal Arvindkumar Raut @ Ujwal SantoshRaut, aged about 52 years, Occu.: Service,R/o. Balaji Colony, Kandali, Amravati.25)Ashish S/o. Damodhar Sapdhare, agedabout 41 years, Occu.: Service, R/o. Wardno.3, Nerpinglai Tq. Morshi Distt. Amravati.26)Vinod Mahadevrao Khakase, aged about 51years, Occn.: Service, R/o. Uttam Nagar, Amravati.27)Malini Pandurang Chandurkar @ MaliniGajendra Wankhede, aged about 51 years, Occu.: Service, R/o. Gajanan TownshipNo.2, Camp, Amravati. 28)Seema Sukhdeo Jadhao, aged about 51years, Occu.: Service, R/o. MinakshiColony, Camp, Amravati.29)Snehal Gajanan Kalambe, aged about 51years, Occu.: Service, R/o. Vidyut Nagar,V.M.V. Amravati.30)Rameshwar S/o. Shivram Athavale, agedKHUNTE WP-7287.24+2-J.odt 4/15 about 52 years, Occu.: Service, R/o.
At PostJawla, Tq. Chandur Bazaar, Distt. Amravati.31)Vandana Dhanraj Kuche, aged about 52years, Occu.: Service, R/o. SamarpanColony, V.M.V, Amravati.32)Usha Gajananrao Sonone, aged about 50years, Occu.: Service, R/o. VidyaniketanColony, Shivaji Nagar, Amravati.33)Ajay S/o. Ramdaspant Malpe, aged about51 years, Occu.: Service, R/o. ShikshakColony, Ambada, Tq. Morshi Distt. Amravati.34)Khushal S/o. Ukandrao Nerkar, aged about51 years, Occu.: Service, R/o. PrabhagNo.1, Vrundawan Nagar, Warud, Tq. WarudDistt. Amravati.35)Ashwini Nagorao Chambhare, aged about45 years, Occu.: Service, R/o, Ward No.11,Rashtrasant Colony, Warud, Tq. WarudDistt. Amravati.36)Sanju Onkarrao Chokhandre @SanjuPrakash Ramteke, aged about 47 years, Occu.: Service, R/o. Anand Niketan Colony, Rukhmini Nagar, Amravati.37)Dhanraj S/o. Kisan Kunjekar, aged about 51years, Occu.: Service, R/o. Aditya Nagar, Amravati.38)Narendra S/o. Shamraoji Farkase, agedabout 51 years, Occu.: Service, R/o.
WardNo.1, Jalalkheda, Tq. Narkhed, Distt. Nagpur.39)Smita Madhaorao Jadhao @ Smita VilasKadam, aged about 45 years, Occu.:Service, R/o. Godawari Colony, RukhminiNagar, Amravati.KHUNTE WP-7287.24+2-J.odt 5/15 40)Bharti Bhimrao Mahure, aged about 50years, 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 about51 years, Occu.: Service, R/o. ShrihariNagar, Amravati.43)Meena Shriramji Kumare, aged about 50years, Occu.: Service, R/o. New Rahatgaon, Shivaji Nagar, Amravati. 44)Vaishali Bhujangrao Diwan, aged about 48years, Occu.: Service, R/o. Flat no. 401,Mahalaxmi Apartment, Hollywood Colony,V.M.V, Amravati.45)Vrushali Prashant Fuse, aged about 43years, 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 about47 years, Occu.: Service, R/o. At Post MauliJahagir, Fq. and Distt. Amravati.47)Gitanjali Khushal Nerkar, aged about 45years, Occu.: Service, R/o. Prabhag No.1,Pandurna Chowk, Warud Tq. Warud Distt. Amravati.48)Kavita Narendra Farkase, aged about 46years, 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 @ SheetalUmesh Lunge, aged about 45 years. Occu.:Service, R/o. Ward no.14, Near GajananKHUNTE WP-7287.24+2-J.odt 6/15 Mandir, Warud Tq. Warud Distt. Amravati.51)Sangita Wamanrao Barwad, aged about 44years, Occu.: Service, R/o. Indira Chowk, Warud, Tq. Warud Distt. Amravati.52)Swapnali Pramod Kharchan, aged about 42years, Occu.: Service, R/o. MaharshiValmiki Chowk, Bhatkuli, Tq. BhatkuliDistt. Amravati.53)Anjali Sureshrao Pote @ Anjali PankajraoChafale, aged about 37 years, Occu.:Service, R/o.
Ward no.3, Shingori Tq.Warud Distt. Amravati.54)Pranali Rameshrao Kakde, aged about 37years, Occu.: Service, R/o. at Post, RidhoraTq. Katol Distt. Nagpur.55)Ranjana Manikrao Kadu, aged about 52years, Occu.: Service, R/o. Ward No.1, VijayNagar, Warud Tq. Warud Distt. Amravati.-Versus-RESPONDENTS :1)The State of Maharashtra, throughPrincipal Secretary, Department of RuralDevelopment, Mantralaya, Mumbai-32.2)The Zilla Parishad Amravati, through itsChief Executive Officer, Camp Area, Amravati-444602.3)The Education Officer (Primary), ZillaParishad 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. -----------------------------------------------------------------------------KHUNTE WP-7287.24+2-J.odt 7/15 WRIT PETITION NO. 2289 OF 2025PETITIONER S :1)Ku.
Jyoti Mahadevrao Bhatkar, Age:- 44years, Occ.- Service, R/o. New KalyaniNagar, Near Navjivan Colony, Opp. ShivTemple, Kathora Road, VMV, Amravati, Tq.and Dist. Amravati.2)Ku. Anita Digambrrao Ingole, Age :- 52years, Occ. Service, R/o. ITI Nagar, NearSaroj Colony, Behind Sadguru CoachingClasses, Amravati, Tq. and Dist. Amravati.3)Sau. Kalpana Surendra Deshmukh, Age: 53years, Occ. Service, R/o. Shri GajananTownship No.1, House No.193, Po.Rahatgaon, Amravati, Tq. and Dist. Amravati.4)Ku. Mangala Narayanrao Bhoyar, Age:- 53years, Occ. Service, R/o. Pote Township, Kathora Naka, Amravati, Tq. & Dist. Amravati.5)Ku. Sandhya Gulabrao Sonkusare, Age: 45years, Occ. Service, R/o. C/o. MahendraNamdevrao Kolhe, Vinayak Nagar, BehindRadha Nagar, Amravati, Tq. & Dist. Amravati.6)Ku. Nisha Pandurang Ingale, Age:- 47years, 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-KHUNTE WP-7287.24+2-J.odt 8/15 RESPONDENTS :1)State of Maharashtra, through itsSecretary, Department of RuralDevelopment, Mantralaya, Mumbai-32.2)Zilla Parishad Amravati, through itsChief Executive Officer, Camp Area, Amravati, Tq.and Dist. Amravati.3)The Education Officer (Primary), ZillaParishad 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 2024PETITIONER S :1)Uttam Ramdas Chunkikar, Aged 53 years, Occ.: Service, R/o. Ayodhya Vihar, NearRavi Karan Colony, Amravati, Tq. and Dist. Amravati.2)Anil Ramchandra Kale, Aged 53 years, Occ.
Service, R/o. Sai Nagar, AshadipColony, Daryapur, Tq.Daryapur, Dist. Amravati.-Versus-RESPONDENTS :1)State of Maharashtra, through itsSecretary, Ministry of RuralDevelopment, Mantralaya, Mumbai-32.2)Zilla Parishad Amravati, Through itsChief Executive Officer, R/o. Tq. and Dist. Amravati.3)Education Officer (Primary), ZillaKHUNTE WP-7287.24+2-J.odt 9/15 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.CLOSED ON : 9TH JANUARY, 2026PRONOUNCED ON : 16TH JANUARY, 2026J U D G M E N T (Per : Smt. M. S. Jawalkar, J.)Heard. Since issue involved in these petitions is commonand since the parties are the same, they are decided by this commonjudgment.
Rule. Rule is made returnable forthwith. Heard finally withthe consent of the learned counsel for the parties.
By these petitions, the petitioners, who are the employees ofthe Zilla Parishad Amravati, challenge the transfer orders dated31/12/2024. However, in view of the status quo order, they areworking at their original place and post. The petitioners not onlychallenge the order of transfers, but also challenge the validity ofKHUNTE WP-7287.24+2-J.odt 10/15 Government Resolution (GR) dated 18/06/2024 and also to quashand set aside the impugned Difficult Area Round Teachers List issuedby the respondent Nos.2 and 3.
It is contention of the petitioners that their transfers wereeffected in view of the GR dated 18/06/2024 taking effect from30/04/2025. It is their grievance that the petitioners had beentransferred to the places where they are presently working within aperiod of one and two years only and, therefore, were not eligible tobe transferred. The GR dated 07/04/2021 was made applicable to theteachers of Zilla Parishads, which were governing the policy oftransfer. The said GR was questioned in one Pravin Pandurang Hoodv. State of Maharashtra in Writ Petition No.5282 of 2023 andconnected matters, which were disposed of on 04/12/2023, in viewof 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 portalmaintained by the State Government for enabling the consideration ofthe claim of the candidates like the petitioners for transferring theirservices from difficult tribal area to plain area before the nextacademic session in accordance with GR dated 07/04/2021.
TheState, however, instead of acting in terms of their statement made onKHUNTE WP-7287.24+2-J.odt 11/15 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 as20 categories were created from clauses 1.8.1 to 1.8.20 under the title“Special Category Teacher Part-1” and another category was createdunder the heading “Special Category Teacher Part-2”. It was alsochallenged by the petitioners that there is no rationale behind thecategorization created as it amounts to discrimination betweenpersons, who are similarly situated in terms of employment, numberof working hours, nature of duties performed, service conditions andthe emoluments which are to be received by such employees, forperforming the duty, which is not permissible in law. However, learned Senior Counsel Shri Mirza fairly conceded that challenge toGR now has lost its importance/merits in view of the judgment dated14/11/2025 passed by the Principal Seat of this Court in TheMaharashtra Rajya Padvidhar Prathamik Shikshak Va KendrapramukhSabha and others v.
The State of Maharashtra and others, WritPetition No.5456 of 2025 and other connected petitions, thereinchallenge to the validity to the GR dated 27/02/2017 and asamended from time to time is dismissed and upheld the validity of theGR in respect of the transfer policy. In view of this, the learned SeniorCounsel pressed only challenge to the impugned Difficult Area RoundKHUNTE WP-7287.24+2-J.odt 12/15 Teachers List.
In view of clause 1.10 of the GR dated 07/04/2021 interms of which teachers working in plain area for ten years andfor five years in the present place of posting, they are eligible forbeing considered for transfer. The proviso thereto, however, permitted transfer, to vacant seats in difficult area of a person, whohad completed employment in plain area for a period of ten years, without the requirement of the person being posted in the existingplace of posting for a period of five years being insisted upon. Asvacant seats in the difficult area are to be filled in, the priority toseniority as per stay in plain area is required to be considered fortransferring the employee from plain area to difficult area. Thus, there is no difficulty in transferring the person to the difficultarea, who has completed ten years of service in plain area. Itwould not be required that he should complete five years ofservice in his existing post. However, this exercise has to bedone only if the Zilla Parishad prepared a list of teachershaving served in plain area for ten years and more, i.e. as per theirstay-wise seniority list in plain area. If Annexure-F i.e. DifficultArea Round Teachers List is perused, there are 15 columns, whichare as under:-KHUNTE WP-7287.24+2-J.odt 13/15 Sr.No.NameShalarthIdSchoolUDISENo.TalukaTeacherTypeSub. TypeMediumDOB(1)(2)(3)(4)(5)(6)(7)(8)(9)(10)CurrentAreaJoining dateCurrentDistrictJoining DateCurrentSchoolJoining DateTotal service in currentdistrict till 30thSeptember 2024 Total service incurrent school till30th September,2024(11)(12)(13)(14)(15)
After considering these columns, we are satisfied that thereis no column wherein the ‘teachers stayed in plain area’ is mentioned. The learned counsel for the Zilla Parishad vehemently submitted thatthis list itself is stay-wise list. However, on perusal of the same, thereis only heading ‘current district joining date’. If any district is havingplain area as well as difficult area, his date of joining in the districtwould not suffice to maintain the seniority list, but his joining date ofschool in plain area would be material to fix his seniority. If afterjoining in the district for some period in between, he was transferredto the difficult area and again brought to the plain area in that casethe date of joining in the district may be of prior to ten years, but itcannot be treated as the date of joining in the plain area. As such, thelist prepared would not be effectively implemented, as it is not as perClause 1.10 of the GR dated 07/04/2021. After going through thejudgment of the Principal Seat of this Court in Writ Petition No.5456of 2025 and other connected petitions (supra), it is clear that theKHUNTE WP-7287.24+2-J.odt 14/15 difficult area is something different from the area unsuitable for ladyteachers. It may be part of difficult area, but all difficult areas cannotbe said to be unsuitable for lady teachers.
Operative part
Now question only remains about transfer of teachers fromplain area to difficult area and how ten years of service is to becalculated. As per their stay in plain area, their stay-wise seniority isrequired to be fixed. Though learned AGP and the learned counsel forthe Zilla Parishad submitted that the column i.e. entry in ‘currentdistrict joining date’ itself is the date of joining in plain area. However, as discussed above, in the district where there are plain as well asdifficult areas, then it has to be specifically mentioned that when tenyears of service of the teacher in plain area is completed. As perseniority after ten years where he has posted, transfer can be effectedas per stay-wise seniority. Unless that is not specifically mentioned, itcannot be said that clause 1.10 is effectively implemented. Even onperusal of GR dated 07/04/2021, the information to be filled in asper Information Form-1 meant to be filled in by eligible teachers to betransferred no information is called on, since when the teacher isworking in plain area. As such, the list prepared needs to be quashedand set aside and on the basis of the same, transfers cannot beeffected. It is pointed out by the learned counsel for the Zilla ParishadKHUNTE WP-7287.24+2-J.odt 15/15 that the portal is prepared by the Government and therefore, we haveno role to play, except submission of information as provided by theteachers. 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 modifyingthe portal and by inclusion of column ‘current joining date in plainarea’. Accordingly, the writ petition is partly allowed.
The ‘Difficult Area Round Teachers List’ dated 28/11/2024is hereby quashed and set aside. Similarly, the transfer orders dated31/12/2024 filed at Annexure-I (Pages-153 to 206) in Writ PetitionNo.7287/2024, Annexure-V (Pages-62 to 68) in Writ PetitionNo.2289/2025 and Annexure-12 (Pages-139-D & 139-F) in WritPetition No.7486 of 2024 are hereby quashed and set aside to theextent of the petitioners.
The respondent Nos.1 to 3 shall take immediate effortsin respect of correction in the portal (website) as observed abovepreferably within four months.
Rule accordingly. No order as to costs. (NANDESH S. DESHPANDE, J) (SMT.M. S. JAWALKAR, J)KHUNTE
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the writ petition is partly allowed
Which court decided this case, and when?
Bombay High Court, on 16 Jan 2026. The bench was NANDESH S DESHPANDE, M S JAWALKAR.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.