Shantaram Atmaram Chawhan v. The State Of Maharashtra, Thr. Thr Secretary, Rural Development Dept. And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 2405 OF 2022 Smt. Sarika Uddhavrao Bhagat, aged about 41 years, Occ. Pri. Teacher, R/o C/o Zilla Parishad Marathi Primary School Zasi, Panchayat Samiti Sangrampur, Dist. Buldhana.

PETITIONER .....VERSUS.....

1.

The State of Maharashtra, through the Secretary, Rural Development Department, Mantralaya, Mumbai.

2.

The Zilla Parishad, Buldhana, through its Chief Executive Officer.

R ESPONDENT S W ITH WRIT PETITION NO. 5114 OF 2022 Shantaram Atmaram Chawhan, aged about 44 years, Occ. Asstt. Teacher, R/o C/o Zilla Parishad Primary School Shivni, Panchayat Samiti Sangrampur, Dist. Buldhana.

PETITIONER .....VERSUS.....

1.

The State of Maharashtra, through the Secretary, Rural Development Department, Mantralaya, Mumbai.

2.

The Zilla Parishad, Buldhana, through its Chief Executive Officer.

R ESPONDENTS Shri P.S. Kshirsagar h/f Shri Mahesh Rai, Advocate for the petitioners. Ms. K.R. Deshpande, Assistant Government Pleader for respondent No.1/ State.

CORAM : A. S. CHANDURKAR AND URMILA JOSHI - PHALKE, J J . D ATE : 24 AUGUST, 2022 .

ORAL

JUDGMENT

(PER : A.S. CHANDURKAR, J.) Considering the limited prayer made, both the Writ Petitions are taken-up for disposal by issuing Rule and making the same returnable forthwith.

2.

Ms. K.R. Deshpande, learned Assistant Government Pleader waives notice for respondent No.1. Ms. S.W. Deshpande, learned Counsel who is present in the Court is directed to accept notice for respondent No.2.

3.

Both the petitioners claim that they are serving with the Zilla Parishad, Buldhana and under the Unification Policy of the husband and wife serving at the same place, they have made representations to the Chief Executive Officer, Zilla Parishad, Buldhana to post them within a distance of 30 kilometers of the School where their spouse is serving. These representations are pending.

4.

In the aforesaid facts, the Chief Executive Officer, Zilla Parishad, Buldhana is directed to take a decision on the representation dated 2/3/2019 made by the petitioner in Writ Petition No. 2405/2022 as well as on the representation dated 18/6/2018 made by the petitioner

in Writ Petition No. 5114/2022 within a period of four weeks from receiving copy of this judgment. The decision taken on the said representations shall be communicated to the petitioners. The decision shall be taken in accordance with law and the prevailing policy. 5.

Both the Writ Petitions are accordingly stand allowed. Rule is made absolute in the aforesaid terms with no order as to costs. (URMILA JOSHI - PHALKE, J.) (A.S. CHANDURKAR, J.) Sumit AGRAWAL