Haribhau Rama Pawar v. The Chief Executive Officer And Others

2025:BHC-AUG:24001-DB 1 957.WP.10965.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.10965 OF 2025 HARIBHAU RAMA PAWAR

VERSUS

THE CHIEF EXECUTIVE OFFICER AND OTHERS ...

Advocate for the Petitioner : Mr. Deshmukh Shambhuraje V. Advocate for respondent No.1 : Mr. P.D. Suryawanshi ...

CORAM

: MANISH PITALE & Y. G. KHOBRAGADE, JJ.

DATE : 09.09.2025 PER COURT:

1.

Heard the learned counsel for the petitioner. By this petition the petitioner seeks a direction from this Court exercising writ jurisdiction to modify the impugned order of promotion dated 02.09.2025, whereby, the petitioner is granted promotion and posted at the Health Department of Zilla Parishad, Beed. Alternatively, the petitioner seeks a direction for decision on his representation dated 02.09.2025 made to the respondent No.1 for reconsidering the posting at the said Zilla Parishad, Beed as it is stated to be about 138 kms from the present place of posting of the petitioner at Apegaon, Tq. Ambajogai.

2.

The principal contention raised on behalf of the petitioner is that since he has under gone heart bypass surgery, it is inconvenient for him to join at the aforesaid place, which is at about a distance of 138 kms from the present posting. It is further stated that the petitioner is aged

2 957.WP.10965.25.odt about 56 years and this also is an aspect that needs to be taken into consideration.

3.

We have considered that material on record. It is evident that the petitioner has been promoted by the impugned order and he is posted at the Health Department, Zilla Parishad, Beed, which is located in Beed city. We are of the opinion that since the posting is in a city, which obviously has appropriate medical facility, it cannot be stated that the place of posting upon promotion given to the petitioner will lead to any inconvenience from the point of view of medical facilities being made available to the petitioner. In fact, it appears that his present posting is in an interior place and the promotional posting is in the city of Beed. 4.

Merely because the said posting at Zilla Parishad, Beed, is at a distance about 138 kms from his earlier posting, cannot be a ground for interference in writ jurisdiction. No case is made out by the petitioner for a favourable order, particularly because the impugned order grants promotion and posts the petitioner in an urban area. 5.

Hence, the petition is dismissed. Pending applications, if any, also stand disposed of.

(Y. G. KHOBRAGADE, J.) (MANISH PITALE, J.) habeeb/