1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.3555 OF 2010 Godawari w/o Nagnath Virpakshe, Age 55 years, Occu.Service, as Head Master at Z.P.High School, Adampur, Taluka Biloli, Nanded R/o Degloor, Taluka Degloor, District Nanded .. PETITIONER VERSUS 1. The State of Maharashtra, Through Secretary, Education Department, Mantralaya, Mumbai 32 2. The Divisional Commissioner, Aurangabad Division, Aurangabad 3. The Education Officer, Zilla Parishad, Nanded, District Nanded 4. The Block Development Officer, Panchayat Samiti, Umari, Taluka Umari, Dist.Nanded ..RESPONDENTS Mr.G.V.Mohekar, Advocate holding for Mr.P.P.Dama, Advocate for petitioner Mr.S.K.Kadam, Assistant Govt.Pleader for respondents 1 and 2 Mr.V.S.Panpatte, Advocate for respondents 3 and 4 CORAM : P.V. HARDAS AND S.V.GANGAPURWALA, JJ DATE : 28th April, 2010 2 ORAL JUDGMENT (PER P.V.HARDAS, 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. By this petition under Article 226 of the Constitution of India the petitioner takes exception to the order transferring the petitioner from Zilla Parishad School at Adampur, Taluka Biloli, District Nanded to Bhatgalli Zilla Parishad School at Degloor, District Nanded. 3. According to the petitioner the husband of the petitioner who was serving with the Sadhna High School, Degloor as a Senior Clerk attained age of superannuation on 31.12.2008 and was required to be admitted in the hospital for heart surgery. Thereafter, the said surgery came to be performed on the petitioner. The petitioner, who had been initially appointed as Assistant Teacher at Zilla Parishad Primary School at Sugaon, Taluka and District Nanded on 17.11.1978 was transferred to various places. Ultimately, the petitioner came to be promoted to the post of Head Mistress at Adampur by order dated 17.10.2007 and since then the petitioner is working at Adampur as Head Mistress. The petitioner has meanwhile requested on several occasions that the petitioner be posted at a place where her husband is residing i.e. at Degloor, District Nanded. According to 3 the petitioner the distance between Adampur and Degloor is approximately 28 to 30 kms. and the distance causes inconvenience to the petitioner to commute from Adampur to Degloor everyday. According to the petitioner her husband is entirely dependent on her for the timely administration of medicine and care. It appears that the request of the petitioner for the aforesaid posting came to be rejected and, therefore, by this petition the petitioner prays for issuance of a writ directing respondent No.3 to consider the application/representation of the petitioner dated 10.3.2010 for transfer of the petitioner from Zilla Parishad Adampur, Taluka Biloli, District Nanded to Zilla Parishad School at Degloor. 4. According to Mr.Panpatte, learned Counsel for respondent No.3 and 4 request for mid term transfer can only be entertained by the Divisional Commissioner. We, therefore, direct the respondents 3 and 4 to forward the representation/proposal for transfer of the petitioner to the Divisional Commissioner within three weeks from today and further direct the Divisional Commissioner to decide the said representation/proposal of the petitioner within four weeks of its receipt, uninfluenced by the rejection of similar request made by the petitioner earlier. Respondents to communicate the decision taken thereon to the petitioner. 4 5. Rule made absolute on above terms with no orders as to costs. ( S.V.GANGAPURWALA ) ( P.V.HARDAS ) JUDGE JUDGE (vvr/3555.10wp)