Premla Dattatray Jadhav v. The State Of Maharashtra And Others

13-CP.29-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CONTEMPT PETITION NO.29 OF 2019 IN WP/11066/2018 WITH CA/5397/2019 IN CP/29/2019 PREMLA DATTATRAY JADHAV

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ---- Mr. Suvidh Kulkarni, Advocate for petitioner Mrs.G.L.Deshpande, AGP for respondent no.1 Mr. S.B.Pulkundwar, Advocate for respondent nos.3 to 5 ---- CORAM : PRASANNA B. VARALE AND R.G. AVACHAT, JJ.

DATE : AUGUST 07, 2019 PER COURT :- Heard Mr.Suvidh Kulkarni, learned Counsel for the petitioner.

2.

A grievance is raised in this Contempt Petition of non-compliance of order of this Court dated 04.10.2018 in Writ Petition No.11066 of 2018.

13-CP.29-19 3.

Mr.Pulkundwar, learned Counsel for respondent no.3 - Zilla Parishad (through its Chief Executive Officer), has placed on record a copy of the order passed by the Chief Executive Officer, Zilla Parishad, Nanded, dated 18.06.2019.

4.

Mr.Kulkarni, learned Counsel for the petitioner, on instructions, submits that in the immediate response to the communication dated 18.01.2019 issued by the office of Divisional Commissioner, through the Deputy Commissioner (Establishment), respondent no.3 - Chief Executive Officer, Zilla Parishad, by exercising his powers, posted the petitioner in Zilla Parishad Primary School, Gadegaon (new), Tq. and Dist. Nanded. Learned Counsel for the petitioner submits that the petitioner was neither informed about this order nor he has received any such communication.

5.

Be that as it may, today, the order dated 18.06.2019 issued by the Chief Executive Officer,

13-CP.29-19 Zilla Parishad, is taken on record and marked as "X" for identification. On a specific query made to learned Counsel for the petitioner, whether the petitioner is willing to join at the place, where she has been posted, learned Counsel for the petitioner, on instructions, states that the petitioner is willing to join at the place of transfer i.e. at Zilla Parishad Primary School, Gadegaon (new), Tq. and Dist. Nanded, on or before 13.08.2019.

6.

In view of the order dated 18.06.2019 issued by respondent no.3 - Chief Executive Officer, Zilla Parishad, it can safely be said that the order of this Court passed in Writ Petition, has been duly complied with and the grievance raised by the petitioner no more survives.

7.

In view of the above, the Contempt Petition stands disposed of.

[R.G. AVACHAT, J.] [PRASANNA B. VARALE, J.] kbp