(1) WP 3703.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 3703 OF 2011 Prakash Purushottam Takalkar and others PETITIONERS VERSUS The State of Maharashtra and ors. RESPONDENTS ..... Mr. S.T. Shelke, Advocate for the Petitioners. Mr. K.S. Patil, A.G.P. for the Respondent-State. ..... CORAM : B.R. GAVAI AND M.T. JOSHI, JJ. DATED : 20TH SEPTEMBER, 2011 ORAL ORDER: 1. Heard. 2. The petitioners challenge the Government resolution dated 14.8.2008, vide which the special benefit for Teachers working in Tribal/Naxalite areas is given only to such of the employees working in the aided schools, whose jobs are transferable, on the ground of being discriminatory. 3. Shri Shelke, learned counsel appearing on behalf of the petitioners submits that all the petitioners are working in the schools which are situated in tribal areas. It is further submitted (2) WP 3703.2011 that since the schools are single schools run by the management, their jobs are not transferable. It is therefore submitted that the similarly circumstanced Teachers, whose jobs are transferable, are given the special incentive, which is being denied to the present petitioners. 4. Perusal of the Government Resolution dated 14.08.2008 alongwith the Govt. resolution dated 6.8.2002 would reveal that by taking into consideration that the Government servants are not willing to get transferred to the naxalite and tribal areas, has provided the scheme of special incentive for being transferred in that area. It can thus clearly be seen that the said scheme has been introduced by the Government, only with an object to provide incentive to the Teachers, whose jobs are transferable, to opt for transfer to the tribal/naxalite areas. 5. The persons, whose jobs are transferable and the persons, whose jobs are not transferable, form a distinct class. It is a settled law that differential treatment is always permissible to the persons (3) WP 3703.2011 falling in different groups/classes. 6. In that view of the matter, we do not find that the impugned policy of the State Government, can, in any manner, be termed as violative of Article 14 of the Constitution of India, to invoke extra-ordinary jurisdiction of this Court under Article 226 of the Constitution of India. Writ Petition rejected. Sd/- Sd/- [M. T. JOSHI, J.] [B. R. GAVAI, J.] arp/