Chaya Ambadas Dhage vs The State Of Maharashtra Through ...
2022 Latest Caselaw 4819 Bom

                                      1      925-WP.5002-22, oral jud.odt

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                        WRIT PETITION NO.5002 OF 2022

     Chaya w/o Ambadas Dhage,
     Age :- 39 yrs. Occu.- Service (Teacher),
     R/o :- At Post - Shahapur, Tq. Newasa,
     Dist - Ahmednagar                               ... Petitioner

                      Versus

     1.      The State of Maharashtra,
             Through its Secretary,
             General Administration Department,
             Mantralaya, Mumbai.

     2.      The Chief Executive Officer,
             Zilla Parishad Ahmednagar,
             District : Ahmednagar.

     3.      The Education Officer (Primary),
             Zilla Parishad, Ahmednagar,
             District : Ahmednagar.                  ... Respondents

                                     ...
                Advocate for Petitioner : Ms. Kavita S. Bhale.
               AGP for Respondent/s-State : Mr. S. K. Tambe.
          Advocate for Respondent Nos.2 and 3 : Ms. S. M. Zaware.
                                     ...

                               CORAM : R. D. DHANUKA, AND
                                       S. G. MEHARE, JJ.

DATE : 05.05.2022

ORAL JUDGMENT (PER R. D. DHANUKA, J.) :-

1. Rule. Learned AGP waives service of notice for

2 925-WP.5002-22, oral jud.odt

respondent-State. Learned counsel waives service of notice for

respondent Nos.2 and 3. Rule is made returnable forthwith and

heard finally by the consent of the parties.

2. By this petition filed under Article 226 of the

Constitution of India, the petitioner seeks a writ of Mandamus

or any other appropriate writ against respondent Nos.2 and 3

to give the transfer order (posting) to the petitioner on the

vacant post which is available with the 30 k.m. distance as per

Government Resolution dated 28.05.2019 from Katrad, Taluka

Rahuri, District Ahmednagar.

3. Learned counsel appearing for respondent Nos.2 and 3

states that various posts are lying vacant within the 30 km.

distance as per Government Resolution dated 28.05.2019 and

the petitioner can be accommodated on one of such vacant

posts. Statement is accepted.

4. Respondent Nos.2 and 3 are accordingly directed to

transfer the petitioner to one of those vacant posts within 30

k.m. distance as per Government Resolution dated 28.05.2019

within one (1) week from today.

3 925-WP.5002-22, oral jud.odt

5. Writ Petition is allowed in the aforesaid terms. Rule is

made absolute accordingly. No order as to costs.

6. Parties to act upon the authenticated copy of this order.

       (S. G. MEHARE, J.)                      (R. D. DHANUKA, J.)

                                      ...

     vmk/-