VYANKATRAO ALIAS GHALAPPA SAVLE Vs. ZILLA PARISHAD NANDED

JUDGEMENT

(1.) Heard. Learned counsel appearing for the respective parties.

(2.) Rule, returnable forthwith. With the consent of the parties, taken up for final hearing.

(3.) It is the case of the petitioner that, he came to be appointed on 03-03-1992 as primary teacher with respondent No. 1. The wife of the Petitioner is employed as primary teacher with Anuja Bhosle, Primary School, at Degloor. In the month of June 2008, respondent No.1, contrary to Rules, posted petitioner 150 Kms. away from residence at Degloor. As per the Zilla Parishad Class 3 and 4 Employees Inter District Transfer Rules framed under Schedule to Govt. Resolution dated 27th May, 2009 (for short, the Transfer Rules), the couple should be posted at one and the same place as far as possible. If not, the distance between the places of their posting should not be more than 30 Kms. Aggrieved by the transfer, the petitioner filed Writ Petition No.29 of 2009 before this Court. This Court directed the respondents to consider the representation of the petitioner within stipulated time. Since the representation was not decided within stipulated time, Contempt proceedings were filed by the petitioner against the respondents. In the mean time, the Divisional Commissioner, Aurangabad Division, Aurangabad directed that the case of the petitioner be considered in general transfer of 2009.