Kunali Ashok Dhandar v. The State Of Maharashtra Through Secretary And Ohters
61-WP-10316-2023.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO.10316 OF 2023 KUNALI ASHOK DHANDAR
VERSUS
THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OHTERS ....
Mr. D. R. Irale Patil, Advocate for Petitioner Mr. S. K. Tambe, AGP for Respondent No.1 - State Mr. P. S. Patil, Advocate for Respondent No.2 Mr. P. D. Suryawanshi, Advocate for Respondent No.3 ....
CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.
DATE:21.08.2023 PER COURT :- 1.
The Petitioner is an Anganwadi Supervisor, working under the Nandurbar Zilla Parishad. She has been selected and appointed by order dated 25.01.2012. She has completed ten [10] years of service. For couple convenience, she was eligible to apply after completion of five [5] years. She got married on 10.07.2016. 2.
The grievance of the Petitioner is that the Zilla Parishad, Jalna has not considered her proposal for inter-district transfer.
(( 2 )) 61-WP-10316-2023 3.
We have considered the submissions of the learned Advocates for the appearing parties. The Government Resolution dated 29.09.2011 is applicable, which is an admitted position. Clause
(7) of the said Government Resolution deals with the period in which the applications for inter-district transfers are to be entertained i.e. 1st November to 31st December. The scrutiny has to be completed by 10th January. All deficient applications are to be returned to the applicants between 11th January to 15th January and time is granted to such applicants to remove the deficiencies by 31st January. If required, a one day gathering of such candidates is to be arranged. Thereafter, the Zilla Parishad, where the candidate is working, has to submit the entire service details till 10th February and forward the proposal. The Zilla Parishad to which such a candidate is to be transferred, should express its willingness between 15th March to 31st March. Thereafter, the transfer orders can be issued and the concerned candidate can be relieved by 30th April. Insofar as the eligible candidates for such interdistrict transfers, Clauses (9) to (11) list out the various categories, on priority basis. The Petitioner falls in the last category under Clause
(11) meant for married couples.
(( 3 )) 61-WP-10316-2023 4.
The learned Advocate representing the Zilla Parishad submits that the Petitioner'
s proposal dated 23.05.2023 was received on 24.05.2023, by the Jalna Zilla Parishad. The said proposal is beyond the transfer season of the academic year 2023-24. This proposal would be considered only in January 2024 for the academic year 2024-25.
5.
The learned Advocate for the Petitioner submits that this Court may direct the Jalna Zilla Parishad to express its willingness in between 15th March to 31st March 2024. The learned Advocate for the Zilla Parishad submits that it would consider the Petitioner' s case depending on the vacancies available and the candidates seeking transfer which is likely to create vacancies, in March 2024. 6.
In view of the above statements, this petition is disposed off.
7.
Needless to state, the case of the petitioner would be considered strictly in accordance with the Government Resolution dated 29.09.2011.
[ Y. G. KHOBRAGADE, J. ] [ RAVINDRA V. GHUGE, J. ] SMS