Rajendra S/O Punjaji Tade And Another v. Zilla Parishad, Akola Through Chief Executive Officer

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR LD-VC WRIT PETITION NO.486 OF 2020

1) Rajendra s/o Punjaji Tade, aged about 42 years, occupation : service, r/o Patil Layout, Umri Road, Akola, Taluq and District Akola.

2) Pralhad s/o Sampat Damre, aged about 38 years, occupation :

service, r/o c/o Zilla Parishad Primary School, Aapatapa, Panchayat Samiti, Akola, Tahsil and District Akola.

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Petitioners - Versus - Zilla Parishad, Akola, through its Chief Executive Officer, District Akola.

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Respondent ----------------- Shri R.D. Karode, Advocate for petitioners.

Shri K.S. Malokar, Advocate for respondent.

---------------- CORAM : R.K. DESHPANDE AND ANIL S. KILOR, JJ.

DATED : JULY 13, 2020

ORAL JUDGMENT (PER R.K. DESHPANDE, J.) :

Hearing was conducted through Video Conferencing and the learned Counsel for the parties agreed that the audio and visual quality was proper.

2) Rule, made returnable forthwith. Shri Malokar, learned Counsel waives service of notice for the respondent. Heard finally with the consent of the learned Counsel for the parties. 3) The controversy is covered by the decision of this Court rendered on 4/12/2018 in Writ Petition No. 5287/2018 and other connected matters. The said decision is reproduced below : "The question of grant of mutual transfer can be considered by the authorities in the light of the decision of this Court delivered on 28/11/2018 in Writ Petition No.6819 of 2018.

Hence, these petitions are disposed of with a direction to the respondent nos.3 and 4 to consider the question of mutual transfer within a period of six weeks from the date of the parties appearing before the respondent No.3 - the Chief Executive Officer, Zilla Parishad, Akola."

4) The aforesaid decision shall apply to the facts of the present case also. We, therefore, dispose of ths petition with a direction to respondent to consider the question of mutual transfer of the petitioners within six weeks from the date of appearance of parties before respondent Chief Executive Officer, Zilla Parishad, Akola.

5) Rule is made absolute in the above terms. No order as to costs.

6) This judgment be communicated to the learned Counsel appearing for the parties, either on the e-mail address or on WhatsApp or by such other mode, as is permissible in law. JUDGE JUDGE Kamal Jeswani by Kamal Jeswani Date: 2020.07.14 10:51:50 +0530 khj