Hiraman Laxman Borkar v. Zilla Parishad, Gadchiroli Through Chief Executive Officer

909wp 1299.2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition (WP) No. 1299/2021 Hiraman Laxman Borkar ..VS..

Zilla Parishad, Gadchiroli ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order__________________________________________________________ Shri P.S. Kshirsagar, Advocate for the petitioner None for the respondent CORAM : A. S. CHANDURKAR AND SMT. M.S. JAWALKAR, J.J. DATED : 12/04/2022 Despite being served, the Zilla Parishad has chosen not to contest the writ petition. On 29.03.2022 an opportunity was given to the Zilla Parishad to oppose the prayers made in the writ petition. However the same has not be done.

The petitioner is serving as a Secretary of Gram Panchayat, Mudholi (Tu), Panchayat Samiti, Chamorshi. He came to be transferred on 10.08.2020 to Gram Panchayat, Damarancha, Panchyat Samiti, Aheri. Being aggrieved, the petitioner has filed an appeal before the Divisional Commissioner challenging the order of transfer. It is his grievance that the appeal has not yet been decided.

It is the case of the petitioner that his wife is also serving as a Gram Sevak and is presently at Gram Panchayat, Sonapur, Panchayat Samiti, Chamorshi. It is submitted that under the unification scheme the petitioner desires to make a representation to the Chief Executive Officer to consider his placement at the place where his wife is serving under that scheme.

SMGate

909wp 1299.2021.odt In view of the aforesaid, it is open for the petitioner to make a representation seeking his transfer under the Unification Scheme as per Government Resolution dated 15.05.2014. If such representation is made by the petitioner within a period of ten days from today the same shall be considered by the Chief Executive Officer on its own merits and as per prevailing policy. The appeal preferred by the petitioner is undertaken to be withdrawn. The statement is accepted.

With these directions, the writ petition is disposed of with no order as to costs.

JUDGE JUDGE Digitally signed by SANDIP MAHADEV GATE Date:

2022.04.12 18:38:58 +0530 SANDIP MAHADEV GATE SMGate