Vibha Ganpatrao Jangdhurve v. The Zilla Parishad, Gadchiroli Through Chief Executive Officer And Another

19-WP-1191-2021.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 1191 OF 2021 Vibha Ganpatrao Jangdhurve, Age major, Occ. Assistant Teacher, R/o Zilla Parishad Primary School, Lingatola, Panchayat Samiti Etapalli, Dist. Gadchiroli.

...PETITIONER

Versus

1. The Zilla Parishad, Gadchiroli, through is Chief Executive Officer.

2. The Divisional Commissioner, Nagpur Division, Nagpur.

...RESPONDENTS Mr. P. S. Kshirsagar, Advocate for the petitioner. Ms. H.N. Jaipurkar, A.G.P. for respondent No.2/ State. .....

CORAM : A.S. CHANDURKAR AND PUSHPA V. GANEDIWALA, JJ.

DATED : FEBRUARY 02, 2022.

ORAL JUDGMENT (PER :

PUSHPA V. GANEDIWALA, J.

) :

Considering the nature of the order proposed to be passed, it is not necessary to issue notice to respondent No.1. 2] Rule. Rule made returnable forthwith and heard the learned counsel for the parties.

19-WP-1191-2021.odt 2 3] The petitioner is presently working as Assistant Teacher at Zilla Parishad Primary School, Lingatola with Panchayat Samiti Etapalli, District - Gadchiroli, while her husband is serving as Medical Officer in the Health Department at the Primary Health Centre, Amirza, Tal. Gadchiroli. Distance between the two places is around 157 Kilometers, and hence, the petitioner had made representations dated 17/07/2020 and 18/07/2020 praying that under the Unification Scheme, the petitioner be posted at a place near to the place where her husband was serving. Since the representations of the petitioner have not been decided, the petitioner has approached this Court.

4] In these facts, interest of justice would be served by directing the Chief Executive Officer, Zilla Parishad, Gadchiroli to consider the petitioner's request for transfer based on the Government Resolution dated 07/04/2021 in the light of representations dated 17/07/2020 and 18/07/2020 in accordance with the aforesaid Government Resolution and prevailing policy. The decision be taken in accordance with law within a period of three weeks from production of a copy of this order. The decision taken be communicated to the petitioner accordingly.

19-WP-1191-2021.odt 3 5] The Writ Petition is allowed. Rule is disposed of with the aforesaid directions. No costs.

[ (JUDGE) (JUDGE) Sumit AGRAWAL