Shantaram Atmaram Chawhan vs The State Of Maharashtra, Thr. Thr ...
2022 Latest Caselaw 8345 Bom

WP 8059/2018                                    1                  Judgment

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                    NAGPUR BENCH, NAGPUR.

                  WRIT PETITION NO. 2405 OF 2022

Smt. Sarika Uddhavrao Bhagat,
aged about 41 years, Occ. Pri. Teacher,
R/o C/o Zilla Parishad Marathi Primary School Zasi,
Panchayat Samiti Sangrampur, Dist. Buldhana.
                                                                PETITIONER
                                .....VERSUS.....
1.   The State of Maharashtra,
     through the Secretary,
     Rural Development Department,
     Mantralaya, Mumbai.

2.   The Zilla Parishad, Buldhana,
     through its Chief Executive Officer.
                                                             RESPONDENTS

                                     WITH

                  WRIT PETITION NO. 5114 OF 2022

Shantaram Atmaram Chawhan,
aged about 44 years, Occ. Asstt. Teacher,
R/o C/o Zilla Parishad Primary School Shivni,
Panchayat Samiti Sangrampur, Dist. Buldhana.
                                                                PETITIONER
                                .....VERSUS.....
1.   The State of Maharashtra,
     through the Secretary,
     Rural Development Department,
     Mantralaya, Mumbai.

2.   The Zilla Parishad, Buldhana,
     through its Chief Executive Officer.
                                                             RESPONDENTS

    Shri P.S. Kshirsagar h/f Shri Mahesh Rai, Advocate for the petitioners.
Ms. K.R. Deshpande, Assistant Government Pleader for respondent No.1/ State.
 WP 8059/2018                                 2                     Judgment

CORAM : A. S. CHANDURKAR AND URMILA JOSHI - PHALKE, JJ.

DATE : 24 AUGUST, 2022.

ORAL JUDGMENT (PER : A.S. CHANDURKAR, J.)

Considering the limited prayer made, both the Writ Petitions

are taken-up for disposal by issuing Rule and making the same returnable

forthwith.

2. Ms. K.R. Deshpande, learned Assistant Government Pleader

waives notice for respondent No.1. Ms. S.W. Deshpande, learned Counsel

who is present in the Court is directed to accept notice for respondent

No.2.

3. Both the petitioners claim that they are serving with the Zilla

Parishad, Buldhana and under the Unification Policy of the husband and

wife serving at the same place, they have made representations to the

Chief Executive Officer, Zilla Parishad, Buldhana to post them within a

distance of 30 kilometers of the School where their spouse is serving.

These representations are pending.

4. In the aforesaid facts, the Chief Executive Officer, Zilla

Parishad, Buldhana is directed to take a decision on the representation

dated 2/3/2019 made by the petitioner in Writ Petition No. 2405/2022

as well as on the representation dated 18/6/2018 made by the petitioner WP 8059/2018 3 Judgment

in Writ Petition No. 5114/2022 within a period of four weeks from

receiving copy of this judgment. The decision taken on the said

representations shall be communicated to the petitioners. The decision

shall be taken in accordance with law and the prevailing policy.

5. Both the Writ Petitions are accordingly stand allowed. Rule is

made absolute in the aforesaid terms with no order as to costs.

(URMILA JOSHI - PHALKE, J.) (A.S. CHANDURKAR, J.) Sumit

Digitally signed bySUMIT CHETAN AGRAWAL Signing Date:24.08.2022 18:41