Bombay High Court
SANTOSH BHAGWAN WAYKARversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The petition is disposed with directions that the Zilla Parishad consider the petitioner’s prior service for transfer under the 2024 Transfer Policy.
Summary
The petitioner, a teacher, sought transfer on the ground that he has been serving in a difficult, hilly area since 2022, citing certificates from the Forest Department and Public Works Department indicating the presence of wild animals and a distance of more than 10 km from the nearest highway. The respondents contested these facts, relying on a later certificate stating the school is within 10 km of a different highway. The court noted that the petitioner’s earlier transfer was governed by a 2021 Government Resolution which established a Committee to consider transfer applications. It held that the petitioner may file a fresh application before the same Committee, which should decide his case in accordance with the newer Transfer Policy introduced on 18 June 2024. Accordingly, the court directed the Zilla Parishad, Ahmednagar to consider the petitioner’s prior service for transfer under the 2024 policy and disposed of the writ petition.
Issues considered
- Whether the petitioner is entitled to a transfer under the Transfer Policy dated 18/06/2024 based on service in a difficult/hilly area.
- Whether the distance of the petitioner’s school from the nearest highway satisfies the criteria for difficult area as per the certificates.
- Whether the Committee constituted under the 2021 Government Resolution can reconsider the petitioner’s transfer application under the new policy.
Subjects
- teacher transfer
- difficult area
- transfer policy
- Zilla Parishad
- distance from highway
- committee
- service certificate
Judgment
2026:BHC-AUG:10342-DB
1 12-WP-7536-22.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 7536 OF 2022
SANTOSH BHAGWAN WAYKAR
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND
OTHERS
...
Mr. Arvind G. Ambetkar, Advocate for the Petitioner
Mr. P. K. Lakhotiya, AGP for Respondents/State
Mr. A. D. Aghav, Advocate for Respondent Nos.4 And 5
...
CORAM : NITIN B. SURYAWANSHI AND
VAISHALI PATIL JADHAV, JJ.
DATE : 04th MARCH, 2026
PER COURT :
1. This petition can be disposed of by directing respondent
Nos.4 and 5 Zilla Parishad, Ahmednagar to consider previous service
of the petitioner from 05/02/2020 in hilly area for transfer, pursuant
to the Transfer Policy introduced on 18/06/2024.
2. Petitioner claims that he has been working in the
di8cult area since his transfer in the year 2022. Respondents are
disputing the same. Petitioner has placed on record certi9cate of the
Forest Department, Ahmednagar stating that at the village where
petitioner is working, there are various wild animals like leopard,
wolf, hyena and wild boar. He has also relied upon the certi9cate
issued by the Assistant Engineer (Grade-1), Public Works
Department, Taluka Karjat, District Ahmednagar in which it is stated
SVH
2 12-WP-7536-22.odt
that the School where petitioner is working is at a distance of more
than 10 Kms from National Highway No.516-A.
3. Respondents have relied on certi9cate dated
03/05/2025, wherein it is stated that the School of the petitioner is
within 10 Kms distance from National Highway No.548-D.
4. When earlier the petitioner was transferred, he was
governed by the policy mentioned in the Government Resolution
dated 07/04/2021. As per the said Government Resolution, a
Committee is constituted to consider the cases of teachers, due for
transfer. The petitioner has already approached the Committee.
5. The petitioner may apply afresh to the said Committee
and the Committee shall decide the representation / application of
petitioner for transfer as per the transfer policy dated 18/06/2024.
With these directions, the writ petition is disposed of.
(VAISHALI PATIL JADHAV, J.) (NITIN B. SURYAWANSHI, J.)
SVH
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