Shakilabee A. Aziz Sheikh v. Chief Executive Officer, Zilla Parishad, Amravati And Another

20.12.wp.6952.16

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 6952/2016 (Shakilabee A. Aziz Sgheikh, Amravati vs. Chief Executive Officer, Z.P. Amravati and another ) .............................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders .............................................................................................................................................. Shri Mahesh Rai, Advocate for the petitioner Shri M.A.Sable, Advocate for Respondent no.1 CORAM : SMT. VASANTI A. NAIK & MRS. SWAPNA JOSHI, JJ.

DATED : 20th December, 2016.

Heard.

By this Writ Petition, the petitioner challenges the order of the Chief Executive Officer of the Zilla Parishad, dated 8.7.2016 transferring the petitioner from Talegaon Dashasar to Dharni. Mr. Rai, the learned counsel for the petitioner states that by the impugned order, the petitioner is transferred at Dharni, which is located at a distance of more than 180 kms. from the place where her husband is posted. It is stated that though there are certain vacancies in the post of Assistant Teacher near Amravati, where her husband is posted, the respondents have illegally transferred the petitioner to Dharni, against the husband-wife unification policy.

Though we are not inclined to entertain the Writ Petition, that is belatedly filed on 5.12.2016, against the impugned order dated 8.7.2016, it would be necessary to direct the respondent no.1-Zilla Parishad to consider placing the petitioner in any vacancy which is near Amravati, where the husband of the petitioner is posted. It is necessary for the Zilla

20.12.wp.6952.16 Parishad to consider posting the petitioner, at a place which is at a distance of 30 kms. or less, from the place where the husband of the petitioner is posted. We, therefore, permit the petitioner to make a representation to the respondent-Zilla Parishad, pointing out the vacancies in the post of Assistant Teachers at a place, in or near Amravati and we direct the respondent-Zilla Parishad to decide the representation of the petitioner sympathetically and as per the policy guidelines, within four weeks, from the receipt of the same. Order accordingly. No costs.

JUDGE JUDGE sahare