224wp127.09.sxw 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.127 of 2009 (Janardhan Bhaulal Shewale .vs. State and Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: D.D.Sinha & A. P. Bhangale, JJ. Date : 22/04/2009. Heard Mrs. Choudhary, Adv. for petitioner, Mr.Khubalkar, Assistant Government Pleader for Respondent Nos. 1, 4 and 5, Mr.Gopal Mishra, Adv. for Respondent Nos. 2 and 3 and Mr. Ashwin Ingole, Adv. holding for Mr. Gordey, Adv. for Respondent No.6. In the instant case, the grievance of petitioner is in respect of failure on the part of respondent-Zilla Parishad, Nagpur to issue order of appointment to petitioner on the post of Extension Officer, since the petitioner was duly selected by the Selection Committee. It is brought to the notice of this Court that respondent no.6 was working as an Extension Officer at Yavatmal who was suffering from Sickle Cell anemia. His wife as well as sons are also 224wp127.09.sxw 2 . suffering from Sickle Cell Anemia and therefore, in view of order of this Court dt. 26.6.2008 passed in Writ Petition No. 2454 of 2008, respondent no.4 was permitted to make a representation to the State Government for inter-district transfer in order to get proper medical treatment. It is further brought to our notice that the State Government, considering seriousness of the issue, permitted transfer of respondent no.6 from Yavatmal to Nagpur for the purpose of availing better medical facility. Counsel for respondent no.2 has submitted that there was only one post of Extension Officer in the Scheduled Caste category in Zilla Parishad, Nagpur and in view of order of transfer of respondent no.6 from Yavatmal to Nagpur, it was given to him. For want of vacancy, the petitioner though selected could not be accommodated. We have considered the contentions canvassed by the learned counsel. It is not in dispute that, under the relevant rules, the inter-district transfer is permissible, provided the candidate completes ten years service in the said District. In the instant case, considering the serious ailment suffered by respondent no.6 and his family, the State Government relaxed the rule of 10 years and permitted respondent no.6 to be transferred from Zilla Parishad, Yavatmal to Nagpur. We are of the view that the action of the State Government is based on humanitarian point of view and is also 224wp127.09.sxw 3 . consistent with the provisions of law and therefore, at this stage, no case is made out for showing indulgence. Hence, the petition is disposed of accordingly. JUDGE JUDGE jais