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2017 Supreme(Bom) 739

ANOOP V.MOHTA, SUNIL K.KOTWAL
Maharashtra Rajya Shikshak Sena, Through its Taluka President, Tal. Basmat, Dist. – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioners:Shri S. S. Thombre, Advocate
For the Respondent:Shri V. J. Dixit, Senior Counsel i/by Shri A. B. Girase, Govt. Pleader, Shri S. B. Ghute, Advocate

JUDGMENT :

Anoop V. Mohta, J.

1. Rule. Rule returnable forthwith, heard finally by consent.

2. We are disposing off all these writ petitions, by a common judgment as the petitioners/teachers of Zilla Parishad have raised common and interlinked issues, and the contesting respondents are common.

3. The petitioners, who are primary teachers of Zilla Parishad Primary School of the respective district/area through the association and in individual capacity, have filed these petitions, there by the State Government (the “State”) resolution (the “resolutions”) dated 27th February, 2017 as modified on 15th April, 2017, 17/26/31, May, 2017 and 6/7/21 June, 2017 stated to be illegal, unreasonable, arbitrary, discriminatory and violative of Articles 14, 16 and 21 of the Constitution of India. The issues are raised that these resolutions are contrary to the provisions of Maharashtra Zilla Parishad and Panchayat Samiti Act, 1961 (“Z. P. Act”) and the Rules made there under, and to the earlier government resolutions. Prayers are also made to declare these resolutions bad in law and to retain the resolution dated 15th May, 2014. All in all a common challenge is raised to the new transfer policy of Zi










































































































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