1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR Civil Application (CAW) No. 1159 of 2010 in Writ Petition No. 4140 of 2009 PETITIONER : Smt. Anjali Kailashsingh Chouhan Aged 30 years, R/o Raigad Colony, Khamgaon, Tha. Khamgaon, Dist. Buldhana (Now known as Smt. Mansi W/o Adv. Nilesh Adbe) ...VERSUS... RESPONDENTS : 1] State of Maharashtra, through Department of Rural Development and Water Supply, Mantralaya, Madam Cama Road, Mumbai – 400 032. 2] Zilla Parishad, Buldhana, through Chief Executive Officer, Tah. and District Buldhana. 3] Zilla Parishad, Nagpur, through Chief Executive Officer, having its office at Civil Lines, Nagpur. 4] Education Officer (Primary), Zilla Parishad, Buldhana, 5] Education Officer (Primary), Zilla Parishad, Nagpur, having its office at Civil Lines, Nagpur. =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-==- Mr. S.V.Manohar, Advocate for Petitioner Mr. S.B.Ahirkar, A. G. P. for Respondent No.1. Mr. G.G.Mishra, Advocate for Respondent Nos.2 to 5. 2 C ORAM : D.B.BHOSALE ; and PRASANNA B. VARALE, JJ. DATED : 01st July, 2010. 1] Heard learned counsel for the parties. 2] By consent, the writ petition itself is taken up for hearing. 3] In this writ petition, the petitioner has impugned the order dated 28/1/2009, passed by respondent no.1 - State of Maharashtra, rejecting her prayer for transfer from Buldhana to Nagpur on the grounds mentioned in her petition so also in the application. 4] The petitioner has filed an affidavit dated 29/6/2010 seeking direction against the respondents to absorb her on transfer in the establishment of Zilla Parishad, Nagpur. It appears that the petitioner cannot be transferred from Buldhana to Nagpur since there is no vacancy to accommodate an employee from ‘Open’ category. The petitioner, admittedly, belongs to ‘Open’ category. In view thereof, the petitioner has further stated on affidavit that she may be absorbed/transferred in the establishment of Zilla Parishad, Nagpur in the first vacancy that will be caused due to retirement/upgradation/promotion of any Assistant Teacher from ‘Open’ category, working in Primary Division of Zilla Parishad, Nagpur. In view of the affidavit, learned counsel for respondent nos.2 to 5, on instructions, 3 submits that they are ready to absorb/transfer the petitioner in the establishment of Zilla Parishad, Nagpur, the moment first vacancy is caused due to retirement/upgradation/ promotion of any Assistant Teacher from ‘Open’ category, working in Primary Division of Zilla Parishad, Nagpur. The statement made by learned counsel on behalf of respondent nos.2 to 5 is accepted. In view of the statement, learned counsel for the petitioner does not press this writ petition. However, all the contentions of the petitioner are kept open to be raised in appropriate proceedings, if respondent nos. 2 to 5 do not absorb her, as aforestated. 5] Writ Petition is accordingly disposed of. Civil Application No. 1159/2010 also stands disposed of. JUDGE JUDGE Diwale