Ashish Dilip Sontakke v. The Zilla Parishad, Wardha Through Chief Executive Officer And Another

19-WP-1190-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 1190 OF 2021 (Ashish Dilip Sontakke, Wardha Vs. The Zilla Parishad, Wardha & Anr.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. P. S. Kshirsagar, Advocate for the petitioner. Mrs. K.R. Deshpande, A.G.P. for respondent No.2/ State.

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

FEBRUARY 01, 2022.

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. 3] The petitioner is presently working as Assistant Teacher at Zilla Parishad, Wardha with Panchayat Samiti, Ashti, District - Wardha, while his wife is serving at Zilla Parishad Primary School, Shivangaon (Kha.) Kendra Hingni, Panchayat Samiti, Selu. Distance between the two places is around 145 Kilometers, and hence, the petitioner had made representation praying that under the Unification Scheme, the petitioner be posted at a place near to the place where his wife was serving. Such representation is of dated 10/08/2020. Since the

19-WP-1190-2021 representation of the petitioner have not been decided, he has approached this Court.

4] Considering the lapse of time in prosecuting this petition which was filed in January2021, in our considered view, interest of justice would be served by permitting the petitioner to make a fresh representation addressed to the Chief Executive Officer, Zilla Parishad, Wardha to consider his request for transfer based on the Government Resolution dated 07/04/2021. If, within a period of fifteen days from today the petitioner makes such a representation, the Chief Executive Officer shall consider the same 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 the receipt of the representation. The decision taken be communicated to the petitioner accordingly.

5] The petitioner shall serve a copy of this order on the Chief Executive Officer, Zilla Parishad, Wardha along with copy of representation.

6] The Writ Petition is allowed. Rule is disposed of with the aforesaid directions. No costs. [ (JUDGE) (JUDGE) AGRAWAL Sumit