Bombay High Court

ANAND SAMBHARAO DUKREversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court dismissed the petitions, holding that the petitioners voluntarily accepted the reversion condition and cannot now challenge it.

Summary

The petitioners, appointed as Assistant Teachers in various Zilla Parishads and later promoted to Graduate Teacher pay scales, applied for inter‑district transfers. The 24‑April‑2017 Government Resolution (Clause 3.3) required them to consent to revert to their original Assistant Teacher posts upon transfer, thereby forfeiting seniority and eligibility for promotion to Headmaster. The petitioners challenged this clause, alleging it is arbitrary, discriminatory, and ultra vires because reversion is not a disciplinary action. The State argued that the petitioners were aware of the condition, voluntarily signed undertakings, and accepted the transfer orders without objection. The Court held that having knowingly accepted the condition, the petitioners could not later contest it, and therefore dismissed all the writ petitions.

Issues considered

Whether Clause 3.3 of the Government Resolution dated 24‑April‑2017, mandating reversion of teachers upon inter‑district transfer, is ultra vires and violative of service jurisprudence.
Whether a government employee can be reverted in service without disciplinary action.
Whether petitioners, having voluntarily accepted the transfer conditions and signed undertakings, can challenge those conditions thereafter.

Subjects

service law
inter‑district transfer
reversion
seniority
government resolution
ultra vires
Zilla Parishad teachers
administrative law

Judgment

2026:BHC-AUG:40481-DB

22 WP NO. 8985 OF 2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

WRIT PETITION NO. 8985 OF 2018
Ravi Dharmraj Marahale
VERSUS
The State Of Maharashtra And Others
...
WITH
WRIT PETITION NO. 1196 OF 2020
Mangesh Ashok Nakate
VERSUS
The State Of Maharashtra And Others
…
WITH
WRIT PETITION NO. 1193 OF 2020
Amol Ashokrao Khindre
VERSUS
The State Of Maharashtra And Others
…
WITH
WRIT PETITION NO. 6106 OF 2023
Ajay Vinayakrao Murade
VERSUS
The State Of Maharashtra Through Its Secretary And Others
…
WITH
WRIT PETITION NO. 14378 OF 2019
Ritesh Laxmanrao Nimbhorkar
VERSUS
The State Of Maharashtra And Others
…
WITH
WRIT PETITION NO. 14405 OF 2019
Anand Sambharao Dukre
VERSUS
The State Of Maharashtra And Others
…
• Mr. Chandrakant R. Thorat, Advocate for the Petitioners in all
the Writ Petitions.
• Mr. S. R. Yadav-Lonikar, AGP for the Respondent-State.

Jhs/ 1/6
22 WP NO. 8985 OF 2018

• Mr. Santosh B. Pulkundwar, Advocate for Respondent No. 2 in
Writ Petition No. 6106 of 2023.
• Mr. Nandkishor U. Yadav, Advocate for Respondent Nos. 4 and
6 in Writ Petition No. 8985 of 2018.
• Mr. Suresh Walmikrao Munde, Advocate for Respondent Nos. 2
and 4 in Writ Petition No. 14378 of 2019.
…
CORAM : KISHORE C. SANT &
JITENDRA JAIN, JJ.
DATE : 02nd SEPTEMBER, 2026
PER COURT :

1. Heard the learned Advocates appearing for the parties.

2. The short issue involved in these petitions is that the

Petitioners were appointed as Assistant Teachers in their respective

erstwhile Zilla Parishads. Upon completion of the prescribed period,

they were granted the pay scale of Graduate Teachers. Thereafter,

they applied for inter-district transfers to other Zilla Parishads. The

following chart indicates the date of appointment of each Petitioner,

the Zilla Parishad in which he was initially appointed, the Zilla

Parishad to which he is transferred, the pay scale drawn by him in the

erstwhile Zilla Parishad and the pay scale granted to him upon

transfer:

Pay Scale
Transfer at the
Name of Date of Zilla Revered
Writ Petition No. Zilla time of
Petitioner Appointment Parishad pay scale
Parishad appointm
ent
WP/14378/2019 Ritesh 26/12/2005 Latur Aurangabad 9300- 5200-
Laxmanrao 34800 20200
Nimbhorkar Grade Pay Grade pay
4300 - 2800

Jhs/ 2/6
22 WP NO. 8985 OF 2018

WP/1193/2020 Amol Ashokrao 31/07/2004 Parbhani Beed 9300- 5200-
Khindare 34800 20200
Grade Pay Grade pay
4300 - 2800
WP/14405/2019 Anand 15/12/2005 Latur Hingoli 9300- 5200-
Sambharao 34800 20200
Dukre Grade Pay Grade pay
4300 - 2800
WP/8985/2018 Ravi Dharmaraj 05/03/2003 Nanded Hingoli 9300- 5200-
Marhale 34800 20200
Grade Pay Grade pay
4300 - 2800
WP/6106/2023 Ajay 28/08/2004 Nanded Amravati 9300- 5200-
Vinayakrao 34800 20200
Murade Grade Pay Grade pay
4300 - 2800
WP/1196/2020 Mangesh Ashok 31/07/2004 Parbhani Solapur 9300- 5200-
Nakate 34800 20200
Grade Pay Grade pay
4300 - 2800

3. The grievance of the Petitioners is that, upon effecting their

inter-district transfers, they have been reverted to the post of

Assistant Teacher and, consequently, they would not be entitled to be

considered for the post of Headmaster in the Zilla Parishads to which

they have now been transferred. According to the Petitioners, such

reversion is on account of Clause 3.3 of the Government Resolution

dated 24.04.2017, which reads thus:

"३.३ जे शिक्षक पदोन्नत झालेले आहेत अशा शिक्षकांना आं तरजिल्हा
बदली हवी असल्यास संबंधित शिक्षकानी अशी आं तरजिल्हा बदली
मान्य झाल्यास स्वखुशीने पदावनत करण्याबाबत संमती पत्र
दिल्यानंतरच त्या शिक्षकांचा आं तरजिल्हा बदलीसाठी विचार केला
जाईल.”

Jhs/ 3/6
22 WP NO. 8985 OF 2018

4. It is only after joining at the places of transfer that the

Petitioners have approached this Court challenging the aforesaid

clause.

5. Learned Advocate for the Petitioners vehemently submits

that Clause 3.3 of the Government Resolution is contrary to the

principles of service jurisprudence. According to him, an employee

cannot be reverted in service except by way of disciplinary action. In

the present case, merely because the Petitioners sought inter-district

transfers at their own request, they have been reverted to their

original posts of Assistant Teachers. He submits that the aforesaid

clause is discriminatory and arbitrary. It is further submitted that no

such policy exists in other departments whereby an employee, upon

transfer to another district, is required to suffer reversion and

relinquish his seniority. According to him, such a condition has been

imposed only upon the teachers employed with the Zilla Parishads.

He, therefore, submits that Clause 3.3 of the Government Resolution

deserves to be declared ultra vires.

6. Learned AGP vehemently opposes the petitions. He submits

that the Petitioners were fully aware of the condition contained in the

Government Resolution dated 24.04.2017 when they applied for

inter-district transfers. At that stage, they did not raise any objection

Jhs/ 4/6
22 WP NO. 8985 OF 2018

to the said condition. Pursuant to their applications, the respective

transfer orders were issued, which specifically stipulate that, upon

transfer, the Petitioners would be reverted to their original posts of

Assistant Teachers. The Petitioners accepted and acted upon the said

transfer orders without any protest.

7. Learned AGP further submits that, if the Petitioners had any

objection to the aforesaid condition, they ought to have raised it at

the relevant stage. Instead, they accepted the transfer orders, joined

at the places of transfer and thereafter filed the present petitions. The

transfer orders also indicate that the Petitioners had voluntarily

relinquished their claim to seniority and had furnished their

consent/undertakings accepting the condition of reversion. It is

submitted that the inter-district transfers were effected only upon

such consent being furnished and, therefore, having accepted the

benefit of the transfers on those terms, it is now not open to the

Petitioners to challenge the said condition contained in the

Government Resolution.

8. We have considered the rival submissions. The Petitioners

were appointed as teachers in particular Zilla Parishads. There is

nothing placed on record to indicate that they had any right to seek

transfer of their services from one Zilla Parishad to another as a

matter of course. It was the Petitioners themselves who sought inter-

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22 WP NO. 8985 OF 2018

district transfers to other Zilla Parishads. Such transfers were

governed by the Government Resolution dated 24.04.2017.

9. The applications for inter-district transfers were made after

issuance of the said Government Resolution. The Petitioners were,

therefore, aware of the conditions governing such transfers. Further,

they voluntarily furnished undertakings to the respective Zilla

Parishads agreeing to relinquish their seniority and accepting

reversion to their original posts upon transfer.

10. Having voluntarily accepted the aforesaid conditions,

obtained inter-district transfers pursuant thereto and joined at the

transferred places, it is now not open to the Petitioners to turn

around and challenge the very condition subject to which the

transfers were granted. If the Petitioners were aggrieved by such

condition, it was open for them to challenge the same before

accepting and acting upon the transfer orders. Having failed to do so,

the challenge raised at this stage cannot be entertained.

11. In view of the above, we do not find any merit in these

petitions. Accordingly, all the Writ Petitions stand dismissed and

disposed of.

[JITENDRA JAIN, J.] [KISHORE C. SANT, J.]

Jhs/ 6/6

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