Ujwala Ashok Pawar v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.10424 OF 2014 ANUJA SANGRAM BHINGOLE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS WITH WRIT PETITION NO.10425/2014 UJWALA ASHOK PAWAR VS THE STATE OF MAHARASHTRA AND ORS.

...

Advocate for Petitioner/s : Mr. Thote Dhananjay K Mr. DV Tele, AGP for Respondents: 1 & 2;

Mr. NV Yadav,Adv. For Resp. No.3;

Mr. NB Khandare, Adv. For Resep.No.4.

----- CORAM :

S.S.SHINDE & P.R.BORA,JJ.

DATE : 25 th March,2015.

PER COURT :

1) Heard.

The grievance raised by the petitioners in this petition is, that respondent No.4 - Municipal Corporation, Aurangabad is not considering the request of the petitioners for transfer under Respondent No.4 - Corporation though Respondent No.3 - Zilla Parishad, Aurangabad under whom the petitioners are working as a primary Assistant Teacher and has given NOC for transfer of

petitioners vide letter dated 2nd January, 2010. 2) It is submitted that the Municipal Corporation, Aurangabad, in past, has actively accepted the request of candidates for transfer under couple convenience and even accommodated the employees of Zilla Parishads for transfer under couple convenience.

3) We have heard learned counsel for parties.

We have perused the NOC letter dated 2.1.2010 issued by Chief Executive Officer, Zilla Parishad, Aurangabad addressed to Administrative Officer, Muncipal Corporation, Aurangabad. We find that in the light of the said communication/NOC, the Municipal Corporation, Aurangabad ought to have taken a decision on the proposal/request of the petitioners seeking transfer under couple convenience.

4) We direct Commissioner, Municipal Corporation, Aurangabad to consider the request of the petitioners for transfer under couple convenience as per the proposal/NOC dated 2.1.2010, as expeditiously as possible and preferably within a

period of four weeks from today and communicate the said decision to the petitioners.

5) The petitions stand disposed of on above terms.

(P.R.BORA) (S.S.SHINDE) JUDGE JUDGE bdv/