Shital Vinayakrao Jadhav v. The State Of Maharashtra And Others

78 wp.10623.14 anr.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

APPELLATE SIDE JURISDICTION WRIT PETITION NO. 10623 OF 2014 SHITAL VINAYAKRAO JADHAV

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS W I T H WRIT PETITION NO. 10621 OF 2014 DHOPARE MALLINATH SIDHARODH

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. Adgaonkar Ravibhushan P. AGP for Respondents: Mr.D.B.Bhange.

Advocate for Respondent No.2 : Mr. Tandale P.R. ...

CORAM :

S. V. GANGAPURWALA and V. L. ACHLIYA, JJ.

DATE :

09th March, 2015.

P.C.:

.

Mr.Adgaonkar, learned counsel for the Petitioner submits that the Petitioner is appointed as Shikshan Sevak and is permanent. The husband of the Petitioner is working as an Assistant Teacher at Swami Dayanand Junior College, Majge Nagar, Latur. The Petitioner has filed an application dated 21st October, 2011, seeking approval on the basis of the policy of the Respondents regarding couple convenience so also the proposal for mutual transfer is also given. Respondent No.3 vide its letter dated 12th May, 2014, has forwarded the proposal for mutual transfer to Respondent No.2. However, Respondent No.2 has not considered the request of inter district transfer nor has considered the request of mutual transfer.

78 wp.10623.14 anr.odt Mr.Tandale, learned counsel for Respondent No.2 submits that various aspects are required to be considered while taking into account the application for transfer by couple convenience and mutual transfer. The same cannot be claimed as of right.

The proposal is already forwarded with Respondent No.2. It is for Respondent No.2 to take decision on the same as per the rules, scheme and the policy in vogue.

In light of that, Respondent No.2 shall take decision on the application filed by the Petitioner seeking couple transfer so also mutual transfer and also consider the proposal forwarded by Respondent No.3 for mutual transfer, expeditiously, preferably by end of May, 2015. Accordingly, the writ petitions are disposed of. No costs. [ V. L. ACHLIYA, J. ] [ S. V. GANGAPURWALA, J. ] ndm