Lalita Ramvilas Paliwal v. The Zilla Parishad, Through Its Chief Executive Officer And Another

11wp 1187.2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition No. 1187/2021 Lalita Ramvilas Paliwal ..VS..

The Zilla Parishad, Wardha and anr.

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s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order__________________________________________________________ Shri P.S. Kshirsagar, Advocate for the petitioner Miss. Nivedita P. Mehta, AGP for respondent no. 2 /State CORAM : A. S. CHANDURKAR AND PUSHPA V. GANEDIWALA, JJ.

DATED : 20/01/2022 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 Hinganghat, District Wardha while her husband is serving at Zilla Parishad School at Panchayat Samiti Karanja (Ghadge), District Wardha. Distance between two places is 113 k.m. and hence the petitioner had made various representations praying that under the Unification Scheme, the petitioner be posted at a place near to the place where her husband was serving. Such SMGate

11wp 1187.2021.odt representations are dated 03.09.2018 and 31.05.2019. Since these representations have not been decided, the petitioner has approached this Court.

4.

We find that this writ petition was filed on 06.02.2021 on the basis of representations made in the year 2019. Interests 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 her request for transfer based on Government Resolution dated 27.02.2017. 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 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 alongwith copy of representation.

6.

The writ petition is allowed. Rule is disposed of with aforesaid directions. No costs.

JUDGE JUDGE Digitally signed by SANDIP MAHADEV GATE Date:

2022.01.21 11:21:44 +0530 SANDIP MAHADEV GATE SMGate