Shri. Namdeo S/O Kisanji ... vs The Director Of Maharashtra ...
2023 Latest Caselaw 8917 Bom

2023:BHC-NAG:12935-DB
              WP 3041-17                                       1                       Judgment
                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                                    NAGPUR BENCH, NAGPUR.

                                       WRIT PETITION NO. 3041/2017

              Namdeo s/o Kisanji Nayankuji, Aged about 46 years,
              Occu.: Service, R/o Mukkam Post Ashti,
              Tahsil Ashti, District Wardha.                                        PETITIONER
                                                    -VERSUS-

              1.      The Director of Maharashtra Prathmik Shikshan
                      Parishad (MPSC), Mumbai - 400 032. (Dismissed)

              2.      The Chief Executive Officer, Zilla Parishad,
                      Wardha, Tahsil and District Wardha.

              3.      The Education Officer (Primary), Zilla Parishad
                      Wardha, Tahsil and District Wardha.                        RESPONDENTS
              __________________________________________________________________________
                                  Shri P.S. Sahare, counsel for the petitioner.
               Ms Sweta Bhaisare with Shri B.N. Jaipurkar, counsel for the respondent nos.2 and 3.



              CORAM : A. S. CHANDURKAR AND MRS.VRUSHALI V. JOSHI, JJ.

              DATE      : AUGUST 30,        2023.
              ORAL JUDGMENT           (PER : A.S. CHANDURKAR, J.)

The petitioner has filed Civil Application (W) No. 2344 of 2023 for

grant of early hearing. The prayer is granted considering the short issue

involved and the writ petition is taken up for final disposal.

2. The petitioner has been appointed as Subject Expert (Resource

Person) under the Sarva Shiksha Abhiyan on 14.11.2007. The aforesaid

Abhiyan is conducted by the Central Government through the respondent

no.1. The petitioner is presently serving with Zilla Parishad, Jalgaon and

seeks his transfer on medical ground at Zilla Parishad, Wardha.

WP 3041-17 2 Judgment

3. It is submitted by the learned counsel for the petitioner that one

Subject Expert (Resource Person) Shri Anil Bhoyar is to superannuate on

31.08.2023 and hence a post would be available where the claim of the

petitioner for being accommodated at Zilla Parishad, Wardha could be

considered. The learned counsel for the petitioner has invited attention

to the common order passed in Writ Petition Nos.5485 of 2016 [Ranjana

Shrawan Thool Versus The State of Maharashtra & Others ] and 5785 of

2016 (Anjali Rambhauji Kadam Versus The State of Maharashtra &

Others] dated 07.07.2017. Therein a direction was issued to the

concerned petitioners to appear before the Chief Executive Officer of the

Zilla Parishad to enable consideration of their absorption.

4. Sine the only relief sought by the petitioner is for consideration of

his request for being brought back from Zilla Parishad, Jalgaon to Zilla

Parishad, Wardha, the following order would serve the ends of justice:-

(I) The petitioner shall appear before the Chief Executive Officer, Zilla Parishad, Wardha on 01.09.2023 to enable consideration of his request for being transferred from Zilla Parishad, Jalgaon to Zilla Parishad, Wardha subject to availability of the concerned post.

(II) The Chief Executive Officer, Zilla Parishad, Wardha to take into consideration the said request of the petitioner alongwith communication dated 20.10.2016 issued by the said Office.

(III) The decision be taken within a period of four weeks from 01.09.2023 and the same be communicated to the petitioner.

WP 3041-17 3 Judgment

5. With these directions, the writ petition is disposed of. Rule

accordingly. No costs.

6. Authenticated copy of this judgment be furnished to the learned

counsel for the parties.

(MRS. VRUSHALI V. JOSHI, J.) (A.S. CHANDURKAR, J.)

APTE

Signed by: Apte Designation: PS To Honourable Judge Date: 31/08/2023 19:16:31