Babita Ramesh Bang v. The State Of Maharashtra And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.3815 OF 2019 Smt. Babita Ramesh Bang, Age: 54 years, Occu: Service, R/o. Plot No.11, Harne Nagar, Near S.B.O. High School, Harsool, Aurangabad ..PETITIONER

VERSUS

1.

The State of Maharashtra 2.

The Chief Executive Officer, Zilla Parishad, Aurangabad 3.

The Medical Officer, PHC, Gadana, Tq. Khultabad, Dist. Aurangabad ..RESPONDENTS Mr D. R. Irale Patil, Advocate for petitioner; Smt. G. L. Deshpande, A.G.P. for respondent No.1; Mr S. B. Ghute, Advocate for respondent Nos.2 and 3 CORAM : PRASANNA B. VARALE AND NITIN W. SAMBRE, JJ.

DATE : 25th April, 2019 ORAL ORDER:

Heard Mr Irale Patil, learned Counsel appearing on behalf of the petitioner.

(2) 2.

As a limited grievance is raised in the petition, we deem it appropriate to dispose of the petition at this stage. 3.

Issue notice to respondents, returnable forthwith. 4.

Learned Asstt. Govt. Pleader waives service of notice for respondent No.1 and Mr Ghute, learned Counsel waives for respondent Nos.2 and 3.

5.

The submission of learned Counsel for the petitioner is, the petitioner is working as a Lady Health Assistant Visitor in the Primary Health Center. The petitioner was transferred from the Primary Health Centre, Gadana, Tq. Khultabad, Dist. Aurangabad to the Primary Health Centre, Vihamandva, Tq. Paithan, Dist. Aurangabad, by an order dated 24th September, 2018/8th March, 2019. 6.

Learned Counsel for the petitioner submitted that the petitioner joined the place wherein she was transferred and made representation to the Chief Executive Officer, Zilla Parishad, Aurangabad on 12th March, 2019. Our attention is invited to the copy of said representation placed on record at Exh.'F'. It is further submitted that the petitioner is facing difficulties, namely, the ailing old age of her

(3) mother-in-law and her son is prosecuting his studies in 12th standard and as such, prayed for modification in her transfer order and requested to accommodate her at one of the places referred to in the representation. The said representation is pending before the Chief Executive Officer, Zilla Parishad, Aurangabad for a considerable period and as such, she prays for direction to respondent No.2 to decide the said representation.

7.

This being a limited grievance of the petitioner, the petition is disposed of with direction to respondent No.2 to decide the representation of the petitioner, dated 12th March, 2019, as early as possible, needless to state on its own merits and considering the prevailing policy of the State Government in respect of transfers. (NITIN W. SAMBRE, J.) (PRASANNA B. VARALE, J.) sjk