WP/5238/2011 1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5238 OF 2011 SANJAY MOHANRAO SHELKE AND ANR VERSUS THE STATE OF MAH AND ORS ... Advocate for Petitioner(s) : Shri Thigale Girish K.( Naik) AGP for Respondent(s) 1 to 3 & 5 : Shri Suryavanshi K.M. Advocate for Respondent(s) 4 & 6 : Shri Shelke S.T. ... WITH WRIT PETITION NO. 5239 OF 2011 SUNITA UTTAMRAO DALVI AND ORS VERSUS THE STATE OF MAHRASHTRA AND ORS ... Advocate for Petitioner(s) : Shri Thigale Girish K.( Naik) AGP for Respondent(s) 1 to 4 : Shri Dighe V.H. Advocate for Respondent(s) 4 to 6 : Shri More K.U. ... WITH WRIT PETITION NO. 5240 OF 2011 MOMIN SAHARA BEGUM AND ANR VERSUS THE STATE OF MAH AND ORS ... Advocate for Petitioner(s) : Shri Thigale Girish K.( Naik) AGP for Respondent(s) 1 to 4 : Shri Dighe V.H. Advocate for Respondent(s) 4 to 6 : Shri More K.U. ... WITH WRIT PETITION NO. 5241 OF 2011 SHOBHA DAULATRAO DESHMUKH VERSUS THE STATE OF MAH AND ORS ... Advocate for Petitioner(s) : Shri Thigale Girish K.( Naik) AGP for Respondent(s) 1 to 4 : Smt. Shinde V.A. Advocate for Respondent(s) 4 to 6 : Shri More K.U. ... WITH WRIT PETITION NO. 5242 OF 2011 MUNSIFBEGUM HANIFODDIN AND ORS VERSUS THE STATE OF MAH AND ORS WP/5238/2011 2 ... Advocate for Petitioner(s) : Shri Thigale Girish K.( Naik) AGP for Respondent(s) 1 to 4 : Shri Godbharale A.V. Advocate for Respondent(s) 4 to 6 : Shri More K.U. ... CORAM : D B BHOSALE & S B DESHMUKH, JJ. DATED : July 19, 2011 ... PER COURT :- 1. Heard learned counsel for the parties. 2. In these writ petitions, the petitioners have challenged their transfer orders on the ground that they are transferred more than 30 Kms. away from Beed/the working place of their spouses. The petitioners claim that they have been transferred more than 80 to 100 Kms. away from Beed/the working place of their spouses. They further claim that their spouses are also employees of the Zilla Parishad, Beed/the State Government. They have placed reliance upon the Government Resolution dated 6th May, 2010 which provides guidelines to be followed while transferring the employees, where both, husband and wife, are employees of Zilla Parishad and/ or of the State Government. Having considered the challenge in these petitions when we made suggestion for disposing of the petitions in terms of the order acceptable to both the sides, learned counsel for the parties have instantly agreed for the following order. (A) All the petitioners shall report to the schools where they are transferred, within a period of two weeks from today. WP/5238/2011 3 Within this period they are also allowed to make representation to the Chief Executive Officer, Zilla Parishad, Beed stating that they are ready to accept transfers within 30 Kms. from Beed/ the working place of their spouses, as contemplated by Government Resolution dated 6th May, 2010 [See Rule 1 of Chapter 1 of Schedule 1 to the Government Resolution] and that they may be brought/ transferred to the schools within 30 Kms. radius. If the petitioners make such representations, the Chief Executive Officer, Zilla Parishad shall consider and decide the same within a period of six weeks from the date of receipt of their representations and shall communicate the orders to the petitioners immediately thereafter. We hope and trust that the Chief Executive Officer while dealing with the representations shall take into consideration the Government Resolution dated 6th May, 2010. 4. It is made clear that the representations will be considered and decided by the Chief Executive Officer only if both the spouses are employees of Zilla Parishad and/ or of the State Government. It is further made clear that the Chief Executive Officer shall consider the representations only if the petitioners join at the schools where they are transferred. 5. The petitioners are directed to pay deficient stamp before an authenticated copy / certified copy of this order is issued by the office. [ S B DESHMUKH, J. ] [ D B BHOSALE, J. ] ... akl