Ku. Trupti D/O. Sitaramji Dudhe ... vs Zilla Parishad, Amravati, ...
2016 Latest Caselaw 941 Bom

       wp4364.15                                                                1



                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                       
                               NAGPUR BENCH

                        WRIT PETITION  NO.  4364  OF  2015




                                               
      Ku. Trupti d/o Sitaramji Dudhe
      (after marriage Mrs. Trupti w/o
      Dhananjay Patre) aged 32 years,




                                              
      occupation - Service, resident of
      Ishwar Nagar, Wadgaon, 
      Yavatmal.                                  ...   PETITIONER
                        Versus




                                      
      1. Zilla Parishad, Amravati,
                             
         through its Chief Executive
         Officer.
                            
      2. Zilla Parishad, Yavatmal,
         through its Chief Executive
         Officer.
      

      3. State of Maharashtra
         through its Secretary,
   



         Department of Rural
         Development, Mantralaya,
         Mumbai 400 032.





      4. Vijay s/o Jaganlal Gangrale,
         aged about 39 years, 
         occupation - Service, r/o
         Nawargaon, Tah. Maregaon,
         District - Yavatmal.                    ...   RESPONDENTS





      Shri P.D. Meghe, Advocate for the petitioner.
      Shri P.B. Patil, Advocate for respondent No. 1.
      Shri S.N. Dongre, Advocate holding for Shri Rahul Tajne, Advocate
      for respondent No. 2.
      Shri C.A. Lokhande, AGP for respondent No. 3.
      Shri P.N. Patre, Advocate for respondent No. 4.
                            .....
                                CORAM :  B.P. DHARMADHIKARI &
                                              P.N. DESHMUKH, JJ.

MARCH 28, 2016.

ORAL JUDGMENT : (PER B.P. DHARMADHIKARI, J.)

Rule. Rule is made returnable forthwith and heard

finally with the consent of Shri Meghe, learned counsel for the

petitioner, Shri Patil, learned counsel for respondent No. 1,

Shri Dongre, Advocate holding for Shri Tajne, learned counsel

for respondent No. 2, Shri Lokhande, learned AGP for

respondent No. 3 and Shri Patre, learned counsel for

respondent No. 4.

2. The petitioner seeks a direction to Respondent No.

1 to consider her request for transfer to Respondent No. 2 -

Zilla Parishad, Yavatmal, as against readiness and willingness

of Respondent No. 4 to come to Respondent No. 1 - Zilla

Parishad, Amravati.

3. It appears that the State Government on

31.07.2014 applied its mind to the joint request made by the

petitioner and Respondent No. 4 and directed Respondent No.

1 to consider it favourably. Respondent No. 1 has been asked

to verify certain facts from Respondent No. 4.

4. Shri Patre, learned counsel submits that

Respondent No. 4 is from said area and has knowledge of

Korku language and he is ready to work in that area.

5. In this situation, we find that the interest of justice

can be met with by directing Respondent No. 1 to verify the

facts as directed by Respondent No. 3 - State Government in

its communication dated 31.07.2014 within a period of three

weeks from today. The request for mutual transfer of the

petitioner and Respondent No. 4 shall be looked into and

suitable decision be taken upon it in any case before effecting

regular transfers in the month of April/ May 2016.

6. With these directions, we partly allow and dispose

of the petition. Rule is made absolute in above terms.

However, in the facts and circumstances of the case, there

shall be no order as to costs.

               JUDGE                                                    JUDGE

                                    ******
      *GS.