Bombay High Court
SONALI MADHUKAR DHUTUREversusTHE STATE MAHRASHTRA THR. SECRETARY AND OTHERS
- Disposal
- Disposed Off
Holding
The Court held that the Chief Executive Officer of the Zilla Parishad must decide the petitioners' pending representations within a reasonable time and that no adverse transfer order may be issued against them until such a decision is made.
Summary
The petitioners, teachers, filed writ petitions seeking direction to the Chief Executive Officers (CEOs) of their respective Zilla Parishads to decide pending representations concerning a government scheme that allows husband and wife teachers to be posted at the same station or within 30 km. They relied on a Government Resolution dated 18 June 2024 and argued that timely decisions were necessary for the upcoming annual transfer process. The Court found that the CEOs have a statutory duty to decide such representations within a reasonable period and noted that the decisions had not been made. Accordingly, the Court directed the CEOs to decide the pending representations within 15 days of the order and prohibited any adverse transfer orders against the petitioners until a decision is rendered. The writ petitions were allowed and the matters were disposed of without costs.
Issues considered
- Whether the Chief Executive Officer of a Zilla Parishad is obligated to decide pending representations of teachers within a stipulated time under the Government Resolution.
- Whether the petitioners are entitled to protection from adverse transfer orders pending such a decision.
Subjects
- writ petition
- transfer of teachers
- government resolution
- Zilla Parishad
- representation
- administrative duty
- unification scheme
- adverse order
- civil appellate jurisdiction
Judgment
906-11220-2025-CWP-C=.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 11220 OF 2025
Digitally
signed by Dhiraj Jagu Humbe … Petitioners
UDAY UDAY
SHIVAJI
SHIVAJI JAGTAP
Date: Versus
JAGTAP 2026.04.30
18:44:24
+0530
The State Of Maharashtra Thr. Secretary, Rural Dev. … Respondents
and Water Conservation Dept. and Ors.
WITH
WRIT PETITION NO. 11295 OF 2025
Sushmma Rajaram Kothawale and Ors. … Petitioners
Versus
The State of Maharashtra Thr. Secretary and Ors. … Respondents
WITH
WRIT PETITION NO. 11297 OF 2025
Sonali Madhukar Dhuture … Petitioners
Versus
The State of Maharashtra Thr. Secretary and Ors. … Respondents
………….
Mr. Abhay Jadhavar i/b Mr. Balaji Shinde for the Petitioners.
Mr. Ashok Misal for Respondent Nos. 3 and 4.
Mr. V.M. Mali, AGP for the Respondent – State in WP 11220/2025
Ms. T.J. Kapre, AGP for the Respondent – State in WP 11295/2025
Mr. A.A. Naik, AGP for the Respondent – State in WP 11297/2025
………….
CORAM : MADHAV J. JAMDAR &
PRAVIN S. PATIL, JJ.
DATE : 28th APRIL, 2026.
P. C. :
1. In all these petitions, the grievance raised by the Petitioners is
Uday S. Jagtap 1 of 3
906-11220-2025-CWP-C=.doc
identical. The submission made by them restricted to the effect that, the
Chief Executive Officers of respective Zilla Parishad be directed to decide
their pending representations.
2. After the perusal of representations, it is clear that Petitioners on
relying upon Government Resolution dated 18 th June 2024 claimed the
benefit of scheme of unification of Husband and Wife at one station or
within a radius of 30 km from each other. According to Petitioners their
representations are required to be decided in a stipulated time period so
that while implementing the Annual Transfer process of Teachers, their
claim will be considered in a particular category as prescribed in
Resolution.
3. In view of this, we are satisfied that the duty is caste upon Chief
Executive Officer of Zilla Parishad to decide such representation within
time bound period, but same are not yet decided. Transfer process is
likely to be undertaken by each Zilla Parishad in the month of May-June
of this year.
4. Accordingly, the Writ Petitions are allowed. The respective Zilla
Parishad, Chief Executive Officer are hereby directed to decide the
pending representations of the Petitioners dated 25 th August 2025, 8th
Uday S. Jagtap 2 of 3
906-11220-2025-CWP-C=.doc
September 2025 and 15th September 2025 within a period of 15 days
from the date of production of this order before the respective Chief
Executive Officers of Zilla Parishad.
5. It is made clear that till the decision is taken by the Chief Executive
Officer, no adverse order of transfer to their services be passed against
the present Petitioners.
6. Accordingly, these Writ Petitions are disposed of. No order as to
costs.
[PRAVIN S. PATIL, J. ] [MADHAV J. JAMDAR, J.]
Uday S. Jagtap 3 of 3
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