1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Writ Petition No. 4018 of 2008 [J.P. Jaybhaye Vs. State of Mah. & ors.] Office Notes, Office Memoranda Coram appearances, Court's and Registrar's orders. orders or directions Court's or Judge's Orders. ______________________________________________________________________________ Mr. Vishal Anand, Adv., for the petitioner. Mr. O.D. Kakde, AGP for for respondent no.1. Mr. I.S. Charlewar, Adv., for respondent no.4. -------- Coram : B.H. MARLAPALLE AND A.H. JOSHI, JJ. Date : 21st October, 2008. Heard learned Counsel for the petitioner. As directed by this Court by its order dated 11th June, 2008, the petitioner's representation was considered and it was rejected by the Chief Executive Officer, Zilla Parishad, Amravati by his order dated 11th August, 2008 and hence this petition. From the impugned order, it is clear that the petitioner's wife is also in the employment of the Zilla Parishad. 2 They were together for eleven years, and both of them were due for transfer. The petitioner submitted a representation on 25th March, 2008 and requested for transfer at Primary Health Centre, Tembhursoda. At that time, his wife was working at Panchayat Samiti, Dharni, and she came to be transferred to Achalpur in the general round of transfers effected in May, 2008. On 31st May, 2008, the petitioner was ultimately transferred to Bairagad. The Chief Executive Officer noted that in his representation, the petitioner did not mention about the couple arrangement and the only reason advanced for giving a preference for transfer at Tembhursoda was the mother's sickness. We do not find any error on the part of the Chief Executive Officer in issuing the impugned order. However, the learned Counsel for the petitioner has invited our attention to the guidelines published along with Govt. Resolution dated 30th April, 2008. Clause [1] of the said guidelines states that the employees of the Zilla Parishad will be entitled for couple arrangement as far as possible. It further states that if both of them cannot be accommodated at one 3 and the same place, the distance between their respective locations should not be more than thirty kms. The learned Counsel states that the distance between Achalpur and Bairagad is about 135 kms. In these circumstances, if the petitioner submits a representation in the next round of general transfers and specifically prays for a transfer to another location within a distance of thirty kms., from Achalpur on the basis that his wife is presently posted at Achalpur, the same may be considered by the Chief Executive Officer, or in the alternative, to transfer the petitioner's wife to appropriate location which will be within a distance of thirty kms. from Bairagad. Save and except the above observations, the petition is rejected. JUDGE JUDGE |hedau|