Ananda Bapu Patil And ORS v. The State Of Maharashtra, Thr. The Secretary, Rural Development Dept. And 4 ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10602 OF 2023 Ananda Bapu Patil & Ors.

...Petitioners

Versus

The State of Maharashtra & Ors.

...Respondents

Mr. Prashant Bhavake, Advocate for the Petitioners. Mr. P.P. Kakade, Addl. G.P. a/w Mr. S.B. Kalel, AGP for the Respondent - State.

CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.

DATE : 12th MARCH, 2025 by SUNNY ANKUSHRAO THOTE Date:

2025.03.13 11:28:39 +0530 SUNNY ANKUSHRAO THOTE P.C. :- 1.

The learned Advocate for the Petitioners submits on instructions that in the light of the changed circumstances, this Petition is worked out to the extent of Petitioner Nos.2 to 6. 2.

With reference to Petitioner Nos.1 and 7, he refers to Page No.170 of the affidavit in reply filed by Ms. Kirti Nalawade, Assistant Commissioner (Backward Class Cell), Divisional Commissioner Office, Pune Division, Pune dated 29th January, 2024, more particularly the chart available at Page No.170, which

indicates that there are several posts vacant and these two Petitioners can be considered for inter-district transfer in the light of their Applications, which are said to be pending. The Petitioners had earlier approached this Court in Writ Petition No.563 of 2019, and by an order dated 4th April, 2022, it was recorded in Paragraph No.8, that fresh No Objection Certificate (NOC) from the parent Zilla Parishad would not be asked for.

3.

The learned Advocate for the Petitioners submits on instructions that Petitioner Nos.1 and 7 are willing to make fresh Applications in terms of the policies that are presently applicable. Their claims for inter-district transfer may be considered without asking for the NOC from the parent Zilla Parishad, which has already granted the said NOC.

4.

As such, the Competent Authority would consider the Applications during the routine inter-district transfer, which is scheduled from 28th March, 2025 to 6th April, 2025. Fresh NOC from the parent Zilla Parishad need not be insisted upon. However, the Authorities concerned would consider the availability of vacancies in those Zilla Parishads where Petitioner Nos.1 and 7,

namely Ananda Bapu Patil and Smt. Anita Bapuso Sable, would be considered for posting. Let this decision be taken during the current annual inter-district transfer.

5.

With the above observations and directions, this Writ Petition is disposed off.

(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)