Nanda Rangnath Chemate v. The State Of Maharashtra Through Its Secretary And Others

2024:BHC-AUG:14114-DB 46-WP-6924-2024.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6924 OF 2024 NANDA RANGNATH CHEMATE

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ....

Mr. A. S. Khedkar, Advocate for Petitioner Smt. K. R. Jamdhade, AGP for Respondent - State Mr. A. D. Aghav, Advocate for Respondent No.3 ....

CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE : 09.07.2024 PER COURT :- 1.

We have perused the order dated 24.07.2023, passed by the Chief Executive Officer, Zilla Parishad, Ahmednagar. It is clearly stated that there was a little scope for a change in the posting in view of there being no vacancies to accommodate the Petitioner within 30 kms of her husband. However, in an adjacent taluka, since there were several vacancies, the Petitioner as well as her husband were given the option to choose a place, so that they could be posted within 30 kms of each other. The husband of the

(( 2 )) 46-WP-6924-2024 Petitioner declined to move to any other school and he refused such an option. This is how, the Petitioner could not be accommodated within 30 kms of her husband. We do not find any perversity in the decision of the Chief Executive Officer.

2.

In view of the above, this Writ Petition is dismissed. 3.

However, if in future, the Petitioner is eligible and makes an online application for a transfer for 'couple convenience', the same may be considered by the authorities by following the due procedure and if it is feasible and practicable to do so. [ Y. G. KHOBRAGADE, J. ] [ RAVINDRA V. GHUGE, J. ] SMS