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Bombay High CourtWP/11122/2023disposed off

Mahadevi Ramrao Shinde v. State Of Maharashtra Through Secretary And Others

2023-09-06Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Y. G. Khobragade2 pages

950wp11122-23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 950 WRIT PETITION NO.11122 OF 2023 MAHADEVI RAMRAO SHINDE

VERSUS

STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS ...

Advocate for Petitioner : Mr. R.S. Banik h/for Mr. Shinde Balaji S. AGP for Respondents State : Mr. S.G. Karlekar Advocate for Respondents 3 & 4 : Mr. S.R. Yadav-Lonikar

CORAM

: RAVINDRA V. GHUGE & Y. G. KHOBRAGADE, JJ.

DATE : 6th September, 2023 ORDER:

1.

The Petitioner is a wife who has put forth prayer clause (B) as under:

"(B) By issuing appropriate writ, order or directions in the like nature, this Hon'

ble Court may please to direct the respondent no.3/the Chief Executive Officer, Z. P. Parbhani to consider and decide the claim/representations of the petitioner annexed at EXHIBIT-D dated 31.07.2023, 09.06.2023 and 03.05.2023 requesting to give posting to the Petitioner within the radius of 30 kms. from the working place of his spouse under the head of Couple Convenience Policy."

2.

It is not disputed that the petitioner and her husband are presently working within the area of 36 kms. The concerned

950wp11122-23 Government Resolution requires that the couple should be working within 30 kms. Admittedly, the issue is of only 6 kms. 3.

In view of the above, we permit the Petitioner to tender a representation to the Chief Executive Officer, Zilla Parishad within 7 days from today.

4.

The learned Advocate representing the Zilla Parishad submits that the representation would be considered on sympathetic ground and only if it is feasible to bring the couple closure by 6 kms. 5.

In view of the above, the Writ Petition is disposed off with liberty to make a representation and the Zilla Parishad may consider it, only if it is feasible.

( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J. ) JPChavan