Swati Kishor Patole v. The State Of Maharashtra, Through Its Secretary, Rural Development Dept., Mumbai And Another

1009wp3366.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 3366 OF 2018 (Swati Kishor Patole vs. The State of Maharashtra, thr. its Secretary, Rural Development Department & Anr.) AND WRIT PETITION NO. 3367 OF 2018 (Rajani w/o Parag Moon vs. The State of Maharashtra, thr. its Secretary, Rural Development Department & Anr.) _____________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's Orders.

CORAM : B.P. DHARMADHIKARI & M.G. GIRATKAR, JJ.

SEPTEMBER 10, 2018.

Heard Shri P.S. Kshirsagar, learned counsel for the petitioner, Shri A.S. Fulzele, learned Additional GP for respondent No. 1 and Shri B.P. Maldhure, learned counsel for respondent No. 2.

2.

The spouse of respective petitioners are not in employment of Zilla Parishad and, therefore, effort to secure benefit of Instruction Post No. 53 dated 31.05.2018 cannot be sustained. However, as the purpose of treating husband and wife as Unit or then object of posting them within 30 kms. of each other in Policy dated 27.02.2017 is kept in mind, respondent No. 2 - Zilla Parishad cannot refuse to accommodate such spouse within 30 kms. if the circumstances permit.

3.

For this Academic year, transfer exercise is already over. Hence, while undertaking transfers again in April/May/June 2019, if the petitioners point out any

1009wp3366.18 vacancies within 30 kms. of place of posting of their spouse, Zilla Parishad shall after considering administrative need, make an effort to post them together.

4.

With these directions and with liberty to the petitioners to approach thereafter again, if their grievance is not redressed, we dispose of the present Writ Petitions. However, there shall be no order as to costs. JUDGE JUDGE *GS.