1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4763 OF 2009 Digambar s/o Shivram Lahange - PETITIONER VERSUS 1) The State of Maharashtra & Ors. - RESPONDENTS ***** Mr.D.R.Irale-Patil Advocate for Petitioner; Mr.SK Tambe,AGP for Respondent No.1/State. Mr.VR Sonwalkar, Advocate for Respondent No.2. ----- CORAM : NARESH H. PATIL & K.U.CHANDIWAL, JJ. DATE : 6th November, 2009. PER COURT : . Heard learned Counsel for the petitioner and respondents. 2) The Counsel Shri Irale-Patil submits that though the petitioner has completed ten years service in Panchayat Samiti area of Jalna, he was wrongly transferred to Panchayat Samiti 2 Ghansavangi, which is a inconvenient and remote place to the petitioner. The Counsel further submits that the petitioner had approached the Divisional Commissioner in this behalf who had directed the Chief Executive Officer, to consider the request of the petitioner in accordance with the Rules. 3) Learned Counsel Mr.Sonwalkar appearing for the Zilla Parishad submits that after receipt of the proposal of transfer of the petitioner from the Commissioner, the Chief Executive Officer has considered the recommendations made by the Commissioner and accordingly posted the petitioner at Panchayat Samiti, Ghansavangi on administrative grounds. The Counsel further submits that even at the places opted by the petitioner for transfer like Badnapur, Ambad and Partur, there is no vacancy at present for accommodating the petitioner. 4) We find that considering the criterion 3 of ten years’ stay of an employee at one Panchayat Samiti area, no illegallity could be seen in the order of the transfer of the petitioner by the Chief Executive Officer, Zilla Parishad, Jalna, transferring the petitioner to Ghansavangi Panchayat Samiti. There is no merit in the petition, it is dismissed. (K.U.CHANDIWAL) (NARESH H. PATIL) JUDGE JUDGE bdv/wp4763.09