1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5144 OF 2009 1) Smt. Kamal D/o Pratap Rathod @ Mrs. Kamal W/o Parshuram Jadhav, Age 35 years, Occu : Service, R/o Kawadgondi, Tq. Rajura, District Chandrapur. 2) Parshuram S/o Babulal Jadhav, Age 42 yeas, Occu: Service, R/o Mandvi, Tq. Kinwat, District Nanded. ... Petitioners. Versus 1) The State of Maharashtra, through Department of Rural Development and Water Conservation, Panchayat Raj, Secretary, Mantralaya, Mumbai-32. 2) The Zilla Parishad, Nanded Through its Chief Executive Officer, Zilla Parishad, Nanded. ... Respondents. -------- Shri. Abhay R. Rathod, Advocate for the petitioners. Shri. V.B. Ghatge, Assistant Government Pleader, for the Respondent No. 1 State. Shri V.S. Panpatte Advocate for Respondent No. 2. -------- 2 CORAM : P.V. HARDAS & NARESH H PATIL,JJ. DATE: 18th SEPTEMBER, 2009 ORAL JUDGEMENT ( NARESH H PATIL,J): 1) Rule. Rule Returnable forthwith. With the consent of learned counsel for the parties, this petition is heard finally at the stage of admission. 2) This petition is filed under Article 226 of the Constitution of Indian and petitioner prayed for the couple convenience transfer, as the petitioner No. 1 is working as Gramsevak in Zilla Parishad, Chandrapur whereas the petitioner No. 2 who is the husband of petitioner No. 1 is working in Zilla Parishad, Nanded. As per the Government Resolution dated 06-08-2002, wherein it is stipulated that the husband and wife who are working in the different Zilla Parishads may be posted at the same place within the distance of 30 Kilo meters. 3) The petitioner accordingly filed an application dated 07-07-2009 addressed to the 3 Chief Executive Officer (CEO) Zilla Parishad, Nanded in this regard. Admittedly the said representation is not yet decided. 4) The learned counsel appearing on behalf of the petitioner submitted that nothing is communicated to the petitioners in respect of their representation. 5) After considering the submissions of the parties, we are of the opinion that representation made by the petitioners addressed to the Chief Executive Officer, Zilla Parishad, Nanded is required to be decided and decision shall be communicated to the petitioners by the Chief Executive Officer, Zilla Parishad, Nanded. 6) We therefore, direct the respondent i.e. Chief Executive Officer, Zilla Parishad, Nanded to decide the representation filed by the petitioners at Exhibit-I to the petition. The Chief Executive Officer, Zilla Parishad, Nanded is even entitled to hear the petitioners personally before passing appropriate orders in accordance with policy adopted by the State in 4 respect of couple convenience transfer. The Chief Executive Officer, Zilla Parishad, Nanded is directed to decide the representation within two months from the date of communication of this order on its own merits. Learned Counsel for Respondent No. 2 Shri Panpatte to communicate this order to the Chief Executive Officer, Zilla Parishad, Nanded. 7) Rule is made absolute in above terms. No costs. Authenticated copy be given. (NARESH H PATIL, J.) (P.V. HARDAS, J) sdm/3655.09