Dipak Shriram Sonawane v. The State Of Maharashtra Through Secretary And Others

1 916-WP13395-19+.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 916 WRIT PETITION NO. 13395 OF 2019 Girish Subhash Patil Mr. A. P. Basarkar, AGP for Respondent Nos. 1 and 2. 920 WRIT PETITION NO. 13399 OF 2019 Nandkishor Pandurang Kadam Mr. A. P. Basarkar, AGP for Respondent Nos. 1 and 2. 928 WRIT PETITION NO. 13419 OF 2019 Bhushan Shantaram Sonawane Mrs. P. V. Diggikar, AGP for Respondent Nos. 1 and 2.

2 916-WP13395-19+.odt 929 WRIT PETITION NO. 13420 OF 2019 Dipak Shriram Sonawane Mrs. P. V. Diggikar, AGP for Respondent Nos. 1 and 2. 930 WRIT PETITION NO. 13421 OF 2019 Bashir Kabiruddin Pinjari Mrs. P. V. Diggikar, AGP for Respondent Nos. 1 and 2. 931 WRIT PETITION NO. 13422 OF 2019 Uday Ramkrishna Patil Mrs. P. V. Diggikar, AGP for Respondent Nos. 1 and 2. 932 WRIT PETITION NO. 13423 OF 2019 Parag Dhanraj Thakre

3 916-WP13395-19+.odt Mr. S. B. Yawalkar, Addl. G. P. for Respondent Nos. 1 and 2. 933 WRIT PETITION NO. 13424 OF 2019 Kalpesh Pandit Choudhari Mr. S. G. Karlekar, AGP for Respondent Nos. 1 and 2. 934 WRIT PETITION NO. 13425 OF 2019 Gokul Walmik Nikam Mr. S. B. Pulkundwar, AGP for Respondent Nos. 1 and 2. 935 WRIT PETITION NO. 13426 OF 2019 Bhushan Bhimrao Bachhav Mr. V. M. Kagne, AGP for Respondent Nos. 1 and 2.

4 916-WP13395-19+.odt 936 WRIT PETITION NO. 13427 OF 2019 Amol Balasaheb Patil Mr. P. G. Borade, AGP for Respondent Nos. 1 and 2. 937 WRIT PETITION NO. 13428 OF 2019 Bhushan Indrasing Rajput Mr. S. P. Tiwari, AGP for Respondent Nos. 1 and 2. CORAM :

S. V. GANGAPURWALA & AVINASH G. GHAROTE, JJ.

DATED : 06th NOVEMBER, 2019.

PER COURT:- 1.

We have heard Mr. Thorat, learned counsel for the petitioners, Mr. Sonawane, learned counsel for Zilla Parishad and learned AGP. 2.

The petitioners seek benefit of Government Resolution dated 11.07.2000. According to the learned counsel for the petitioners, the petitioners have worked for 10 years and more in tribal area. Transfer is being effectuated. When the transfer is to be effectuated, they are entitled for the post as per their choice as per the Government

5 916-WP13395-19+.odt Resolution dated 11.07.2000. However, the petitioners are not posted as per their choice. The applications have been given by the petitioners to the Chief Executive Officer, however the same are not considered. 3.

Mr. Sonawane, learned counsel for respondent No. 3 submits that the posting is given as per the availability of the vacancies. 4.

Naturally, unless there is vacancy available, the posting cannot be given. The posting is to be given at the available vacant posts. 5.

The petitioners have already moved the representations to the Chief Executive Officer. The Chief Executive Officer shall consider the representations of the petitioners in the light of the policy of the State Government so also the Government Resolution dated 11.07.2000 and take decision upon the representations expeditiously and preferably within a period of one (01) month from today. 6.

Writ petitions accordingly are disposed of. No costs. ( AVINASH G. GHAROTE ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.