Bombay High Court
SANGAMESHWAR GOVIND SHINDE AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The Court held that the transfers, being at the petitioners' choice and lacking any vacancy within the 30‑kilometre radius, did not violate the Government Resolutions and therefore the petition was dismissed.
Summary
The petitioners, six Zilla Parishad teachers in Latur district, challenged transfer orders dated 22‑08‑2025 on the ground that the postings placed them more than 30 kilometres away from their spouses, allegedly contravening Government Resolutions of 07‑04‑2021 and 18‑06‑2024 which require such proximity for married teachers. They sought quashing of the transfers and directions to the respondent to consider their representations. The Court observed that the petitioners were eligible for transfers after serving the mandatory period and that the orders indicated they had been transferred to schools of their own choice, negating any claim of inconvenience. Moreover, the petitioners failed to demonstrate the existence of vacancies within the prescribed 30‑kilometre radius from their spouses' postings. Consequently, the Court found no merit in the petition and dismissed the writ, while noting that future vacancies within the required radius could be raised by the petitioners.
Issues considered
- Did the transfer orders dated 22‑08‑2025 violate the Government Resolutions requiring teachers to be posted within a 30‑kilometre radius of their spouse's place of service?
- Are the petitioners entitled to have the transfer orders quashed and the respondents directed to reconsider their postings?
Subjects
- transfer of government employees
- Zilla Parishad
- spousal posting
- government resolution
- writ petition
- administrative law
Judgment
2026:BHC-AUG:4817-DB
17-wp-14895-2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
17 WRIT PETITION NO.14895 OF 2025
1. Sangameshwar Govind Shinde
2. Sunanda Hiralal Rathod
3. Sharda Narsing Gaikwad
4. Kavita Pandurang Suryavanshi
5. Gajanan Shadakshari Swami
6. Shilpa Umakant Raiphalle .. Petitioners
Versus
1. The State Of Maharashtra
Through, Principal Secretary,
Rural Development Department,
Mantralaya-32.
2. The Deputy Director of Education,
Region Latur, Gandhi Chowk, Latur.
3. The Chief Executive Officer,
Z. P. Latur, Z. P. Office, Latur.
4. The Education Officer (Primary),
Latur, Z. P. Latur, Near Shivaji
Chowk, Latur. .. Respondents
...
Ms. Pooja Apache h/f Mr. R. D. Biradar, Advocate for the Petitioners.
Mr. V. M. Kagne, AGP for Respondent Nos.1 and 2/State.
...
CORAM : SMT. VIBHA KANKANWADI &
HITEN S. VENEGAVKAR, JJ.
DATE : 02 FEBRUARY 2026
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17-wp-14895-2025.odt
ORDER :
. Present petition has been filed for quashing and setting aside the
transfer and relieving orders dated 22.08.2025 issued by respondent
No.3, which are stated to be in violation of norms/parameters laid down
in Government policy in Government Resolution dated 18.06.2024 and to
direct respondent No.3 to decide the respective representations of the
petitioners.
2. Heard learned Advocate Ms. Pooja Apache holding for learned
Advocate Mr. R. D. Biradar for the petitioners.
3. The petitioner No.1 was working at Zilla Parishad Primary School,
Mohdal, Taluka Chakur, District Latur, petitioner No.2 was working at
Zilla Parishad Primary School, Vijaynagar, Kasarjawala, Taluka Katgaon,
District Latur, petitioner No.3 was working at Zilla Parishad Primary
School, Akharvali, Taluka and District Latur, petitioner No.4 was working
at Zilla Parishad Primary School, Jogala, Shirur Anantpal, District Latur,
petitioner No.5 was working in Zilla Parishad High School at Dawangaon,
Taluka Udgir, District Latur and petitioner No.6 was working in Zilla
Parishad Primary School, Helamb, Taluka Deoni, District Latur. Now, by
transfer orders dated 22.08.2025, the petitioners have been transferred to
various schools. As per transfer orders, the distance between the
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17-wp-14895-2025.odt
petitioners and their spouses are more than 30 to 81 kilometers
respectively. According to the petitioners, by virtue of Government
Resolutions dated 07.04.2021 and 18.06.2024, when the husband and
wife both are teachers and one may not be the Zilla Parishad Employee,
yet the Zilla Parishad employee teacher has to be placed within the radius
of 30 kilometers from the place of service of her or his spouse. According
to the petitioners, the distance between the places where they have been
posted and the places where their spouses are working, is more than 30
to 81 kilometers respectively and, therefore, it is in violation of those
Government Resolutions. Hence, this petition.
4. The first and the foremost fact that is required to be noted is that
as the petitioners were eligible for transfers, as they had served the
mandatory period at their earlier places, they have been transferred.
They have not stated as to whether when they were required to give
options, when online information was supplied; they had given the
options of their respective primary school. But the impugned orders dated
22.08.2025 specifically mention that they had given the option of the
respective primary schools, where they have been transferred. Thus,
their transfers are at a place of their choice and therefore, now they
cannot say that the said places are inconvenient to them. Secondly, they
have not given as to whether now there are vacancies within the radius of
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17-wp-14895-2025.odt
30 kilometers from the places, where their spouses are serving and,
therefore, we do not find any merit in the present petition. Hence, the
writ petition stands dismissed, however, if at all, there would be
vacancies those would arise in future within the radius of 30 kilometers
from the respective places, where the spouses of the petitioners are
serving, then the petitioners would be at liberty to make representations
to respondent No.3.
[ HITEN S. VENEGAVKAR ] [ SMT. VIBHA KANKANWADI ]
JUDGE JUDGE
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