Sunanda Rambhau Aadkite And Another v. The State Of Maharashtra And Others

{1} 59 sr.no..odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 59 WRIT PETITION NO.5232 OF 2020 SUNANDA RAMBHAU AADKITE AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Mr. K.J. Suryawanshi AGP for Respondents:Mr. S.N. Kendre.

Advocate for respondent Nos. 2 and 3 : Mr. Manjushree Narwade. CORAM : S.V. GANGAPURWALA & SHRIKANT D. KULKARNI,JJ.

DATE : 14TH SEPTEMBER, 2020.

PER COURT:

1] The learned counsel for petitioner submits that transfer of the petitioner to the NON-PESA area is without following the directions in the Government Resolutions issued from time to time. According to the learned counsel, no person is transferred in place of the petitioner No.1, in which place, the petitioner was working prior to his transfer. There are posts available within 30 Kilometers for petitioner Nos. 2 and 3. The same is also not considered. 2] We have heard the learned Advocate for respondent Nos. 2 and 3.

3] We are not going into the merits of the contentions of either of the parties. The petitioners have already joined at the transferred place. The petitioners have raised the objection with the Chief Executive Ofcer. We direct the Chief Executive Ofcer to consider the objection of the petitioner and take decision afresh

{2} 59 sr.no..odt within a period of four weeks. The Chief Executive Ofcer shall consider the Government Resolutions issued from time to time and as would be shown by the petitioner, so also the availability of vacant posts in the nearby vicinity.

4] With the above observations and directions, writ petition stands disposed of. No costs.

[SHRIKANT D. KULKARNI, J] [S.V. GANGAPURWALA,J] grt/-