Ravikiran Basantrao Sadanshiv v. Zilla Parishad, Amravati Through Chief Executive Officer And Another

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Writ Petition No.1588 of 2020 Ravikiran Basantrao Sadanshiv vs.

Zilla parishad, Amravati, through its Chief Executive Officer & another =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Mr. P.S. Kshirsagar, Advocate for the Petitioner. Mr. N.S. Rao, A.G.P. for Respondent No.2.

CORAM

: DIPANKAR DATTA, C.J. and ROHIT B. DEO, J.

DATE : 6 th DECEMBER, 2021.

P.C.

01] Heard.

02] The petitioner is aggrieved by the order of transfer dated 16/06/2018, whereby he was transferred from a school at Indala, Amravati to a school at Jampani, Dharni, District Amravati.

03] It is not in dispute that the petitioner's spouse is employed as an Attendant in the Health Department and posted at Amravati. The petitioner relies on a Government policy, contained in Government Resolution dated 27/02/2017, which entitles him to claim posting within 30 kms. radius of the posting of his spouse.

04] We are informed that the order of transfer dated 16/06/2018 was obeyed by the petitioner and he joined duty at

7.wp.1588.20.odt 2/2 the school at Jampani, Dharni. However, more than three years having elapsed since the said transfer order was made, the petitioner is now due for transfer once again. 05] In that view of the matter, we find no reason to interfere with the impugned order dated 16/06/2018; however, we request the Chief Executive Officer, Zilla Parishad, Amravati to consider posting of the petitioner in terms of the transfer policy, referred to above, as early as possible but positively within two months from date of receipt of a copy of the order. If any decision is taken adverse to the interest of the petitioner, the same ought to contain reasons and be communicated to him. 06] The writ petition stands disposed of, without costs. All contentions are left open.

JUDGE CHIEF JUSTICE *sandesh Signed by:SANDESH DAULATRAO WAGHMARE Private Secretary to the Hon'ble Judge