Vijayaya Yashwant Chandgude And ORS v. The State Of Maharashtra Throu. The Sec. Rural Development Dept And ORS

by ARUNA SANDEEP TALWALKAR Date:

2025.09.16 19:56:51 +0530 ARUNA SANDEEP TALWALKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11968 OF 2025 Vijaya Yashwant Chandgude & Ors.

... Petitioners.

V/s.

The State of Maharashtra & Ors.

... Respondents.

--- Mr. Suresh Pakale, Senior Advocate, a/w. Mr. Nilesh Desai, Advocate for Petitioner.

Ms. D.S. Deshmukh, AGP for Respondent Nos. 1 to 3/State. Ms. Mayuri P. Anbhavane i/b. Mr. Ashwin R. Kapadnis, Advocate for Pune ZP.

--- CORAM :

RAVINDRA V. GHUGE AND ASHWIN D. BHOBE, JJ.

DATE :

15TH SEPTEMBER, 2025 P.C. :

1.

We have heard the learned Senior Advocate Mr. Suresh Pakale for the Petitioner, Ms. Deshmukh, learned AGP for the Respondent State and Ms. Mayuri Anbhavane, the learned Advocate for the Respondent, Zilla Parishad, Pune.

2.

The learned Advocate for the Zilla Parishad, submits that the process of granting transfers of the candidates on the principle of

couple convenience, is still underway. If the Petitioners make an application to the CEO of the Zilla Parishad, as per the prescribed procedure, such applications can be considered at the level of the Zilla Parishad. The Petitioners have directly rushed to this Court. 3.

He further submits that if any one of the spouses makes an application to the Zilla Parishad, since only one of the spouse is permitted to make an application and not both spouses, the Zilla Parishad can consider the application and make an effort to post the couples, as far as possible and practicable, within a radius of 30 kilometers. 4.

In view of the above, we permit the Petitioners to make their applications to the CEO of the concerned Zilla Parishad, under the couple convenience policy, within 7 days from today. We clarify that one member of the couple i.e. either the husband or the wife, with mutual agreement, would be filing such an application and both would not file such application. After the Zilla Parishad receives such applications, the CEO Zilla Parishad would follow the procedure and the Government Resolution applicable and accordingly ensure that the couple convenience policy is given effect to, as expeditiously as possible. 5.

Needless to state, until such a decision, the Petitioners

would not be relieved since the learned Advocate for the Zilla Parishad submits that they are yet to be relieved.

6.

In the event any of these Petitioners are not liable to be transferred, they may say so in their individual application addressed to the CEO Zilla Parishad and the said authority would apply its mind to such a statement.

7.

With the above directions, this Petition is disposed off. (ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)