BEFORE THE HON’BLE ADDITIONLA DIVISIONAL

COMMISSIONER AURANGABAD
DIVISION AURANGABAD

REVIEW PETITION NO. OF 2019

IN
APPEAL NO. OF 2019

DISTRICT: NANDED

Zilla Parishad Nanded

Through its Chief Executive Officer
Nanded Tq. & Dist. Nanded PETITIONER

VERSUS

1. Yamunabai Balasaheb Shinde,

Age: Major, Occu: Assistant Teacher at
Zilla Parishad Primary School, Sangavi (Bk)
Tq. & Dist. Nanded.

2. Vidyeshwari Gangadhar Tungerwar,

Age: Major, Occu: Assistant Teacher at
Zilla Parishad Primary School, Sangavi (Bk),
Tq. & Dist. Nanded
..RESPONDENTS

CLAIM: Review Petition against the order dated 02.05.2019 passed

by the learned Divisional Commissioner, Aurangabad in
Appeal No. __/2019.

HUMBLE PETITION OF THE

ABOVE NAMED PETITIONER

MOST RESPECTFULLY SHOWETH:-

1 The petitioner respectfully submits that, the petitioner Zilla

Parishad, Nanded is approaching before this Hon’ble Authority for

seeking review of order dated 02.05.2019 passed by this Hon’ble

Authority thereby allowing the appeal filed by respondent against the

action taken for giving incorrect information so as to seek transfer from

service.

2. The petitioner respectfully submits that, the complainant

Vimalabai Tungerwar had filed the complaint with the office of

Divisional Commissioner, Aurangabad alleging therein that, the order

passed by the Chief Executive Officer, Zilla Parishad Nanded thereby

withholding her increment and cancelling her transfer is illegal.

3. The petitioner respectfully submits that, the Zilla Parishad,

Nanded had taken action against the complainant and other similarly

situated teachers who are working as primary teachers in respective

schools. The complainant had sought transfer as per the policy of couple

benefit by mentioning false distance between two places. In the said

case, the husband of appellant is working in a college at Nanded whereas

the appellant was working in a school which is situated at distance of

less than 30 k.m. However, the said appellant by relying on so called

Google Map alleged that the distance between these two places is more

than 30 k.m.

4. The petitioner respectfully submits that, after noticing the

aforementioned mischief made by the concerned teacher in respect to

given information of false distance between the working place of

husband and wife, issued notices to the concerned and thereafter hearing

was conducted. During such hearing every opportunity was given to the

concerned teachers and it was found that the concerned teacher had

relied on incorrect Google Map and such certificate issued by the

Authority of MSRTC, the impugned disciplinary action of withholding

one increment and cancelling the transfer order was taken.

5. The petitioner respectfully submits that, in view of the

certificate issued by MSRTC whereby particularly the Divisional

Controller, Zilla Parishad Nanded by letter dated 23/12/2018 had

requested for the correct distance between the school of appellant at

Umri and the place of husbands job at Vazirabad, Nanded. Similar

request were made to the Executive Engineer of Zilla Parishad Nanded

and accordingly the Divisional Controller, MSRTC, Nanded by letter

dated 2/1/2019 has informed that the teachers working in Zilla Parishad

Nanded are approaching with the Divisional Controller for issuance of

distance certificate as same is requires for transfer. However, it is

informed that, there is no such direction from the head office of the

MSRTC to issue such certificate, hence the earlier distance certificate

issued by Divisional Controller, MSRTC, Nanded shall not be

considered. The copy of said communication dated 02/01/2019 issued by

Divisional Controller, MSRTC, Nanded is annexed herewith and marked

as EXHIBIT “A”.
6. The petitioner respectfully submits that, similarly the

Executive Engineer of Zilla Parishad Nanded by communication dated

29/10/2018 has specifically informed that the distance between the

primary school at Umri Tq. Ardhapur and the distance of Vazirabad,

Nanded is 30 k.m. The copy of said certificate dated 29/10/2018 is

annexed herewith and marked as EXHIBIT “B”.

7. The petitioner respectfully submits that, as per the

Government Resolution dated 27/2/2017 the husband and wife if

working beyond the distance of 30 km then they should be consider as a

special category. As such by relying on incorrect information and false

certificate, the appellant had secured her transfer although she does not

fall in special category.

8. The petitioner respectfully submits that, in spite of

aforementioned facts and circumstances of the case, this Hon’ble

Authority in its judgment and order dated 2/5/2019 has allowed the

appeal. This Hon’ble Authority has recorded some incorrect factual

aspect like not giving proper opportunity of hearing to the concerned

teachers. It is submitted that, in the inquiry reports it has been

specifically mentioned that, the concerned teacher Sau. Yamunabai

Shinde had deliberately submitted incorrect certificate for transfer on the

ground of couple benefit. Whereas the said aspect is not considered

while passing the order by this Hon’ble Authority. The copy of order

dated 02.05.2019 passed by the learned Divisional Commissioner,

Aurangabad in Appeal No. __/2019 is annexed herewith and marked as

EXHIBIT “C”.

9. The petitioner respectfully submits that, it is submitted that,

as per the Maharashtra Zilla Parishad (Discipline and Appeal) Rules and

as per the Circular dated 13/2/2019 issued by the State of Maharashtra it

is clear that if an employee of Zilla Parishad gives misleading and

incorrect information and requests for transfer then if the said act is

proved then the increment of such employee can be permanently

withheld. Moreover, as per the relevant Circular regarding transfers, the

concerned teacher were expected to fill up only true and correct

information, however in the present case, the appellant in her declaration

have shown distance between the places of her employment and place of

her husbands employment as more than 32 km which is factually

incorrect.

10. The petitioner respectfully submits that, in the light of

above facts and circumstances, particularly the act of deliberate and

willful misconduct committed by the concerned teacher, the Zilla

Parishad, Nanded had taken just and reasonable decision of withholding

one increment and cancelling the transfer order. However, this Hon’ble

Authority without considering the said aspect mechanically passed the

impugned order which is contrary to record, facts and circumstances

available on record. Hence the order under review passed by this

Hon’ble Authority deserves to be reviewed in the interest of justice and

peculiar facts and circumstances of the present case.

11. The petitioner respectfully submits that, many teachers who

were eligible for transfer could not be transferred because of false and

incorrect information submitted by some teachers like petitioners

therefore they had filed writ petitions before the Hon’ble High Court and

requested to take necessary action against the teachers who have

submitted false distance and obtained the transfer orders though not

entitled for. The action against the teachers who submitted the false and

incorrect information in the form was required to be taken and as per the

directions of the state government and after verifying the case of those

teachers and after giving ample opportunity of hearing , the action is

taken by the petitioner and tried to give justice to teachers who were

really eligible for transfer.

12. The petitioner respectfully submits that, in view of the

above stated facts and circumstances, the present petitioner after

collecting the necessary documents sought legal opinion from the

counsel of petitioner regarding challenging the order or filing of review.

After receiving the opinion from the counsel of Zilla Parishad, the

petitioner is approaching this Hon’ble Authority by way of filing the

present Review Petition. Therefore some delay is caused in filing the

present review petition, which is neither intentional nor deliberate and by

this delay the petitioner would not be benefited in any manner. Therefore

the delay caused for filing the present review petition is required to be
condoned in the interest of justice.

13. The petitioner respectfully submits that, in view of the

statements made hereinabove, the petitioners have no other speedy,

alternate efficacious remedy available, except approaching this Hon'ble

Authority by way of filing this Review Petition.

14. The petitioner has not received the copy of caveat notice

from the Respondents in the present subject matter of Writ Petition.

15. The petitioner has not filed any other proceeding before any

other Court or any other court in the present subject matter.

16. The petitioner stated that, the petitioner crave, leave and

liberty to produce and rely upon the documents and to add, amend or

alter/modify the para/paras of the Review Petition with prior permission

of this Hon’ble Authority.

17.

25. THE PETITIONER THEREFORE PRAYS THAT

YOUR LORDSHIP WILL BE PLEASED TO :-

A) This Review Petition may kindly be allowed;

B) The Order dated 02.05.2019 passed in Appeal No. __/2019

by the learned Divisional Commissioner, Aurangabad may
kindly be reviewed / recalled and the appeal No. __/ 2019
 filed by the appellant may kindly be dismissed and for that
purpose issue necessary orders;

C) Pending the hearing and final disposal of this Review

Petition, the implementation, execution and operation of
order dated 02.05.2019 passed in Appeal No. __/2019 by
the learned Divisional Commissioner, Aurangabad may
kindly be stayed and for that purpose issue necessary
orders;

D) The delay if any caused for filing the present review

petition may kindly be condoned in the interest of justice.

E) Pass such other further orders as this Hon'ble Authority may

deem, fit and proper in the peculiar facts and circumstances
of the case.

AND FOR THIS ACT OF KINDNESS AND JUSTICE THE

PETITIONERS AS IN DUTY BOUND SHALL EVER PRAY.

PLACE : AURANGABAD
(S. B. PULKUNDWAR)
DATE : .11.2018 Advocate for petitioner

::V E R I F I C A T I O N::

I, ___________________, Age: __ years, Occu: Chief Executive

Officer, Zilla Parishad, Nanded R/o. Nanded do hereby state on oath and
solemn affirmation that, what is stated in paragraphs No. 1 to __ are true
and correct to the best of my personal knowledge and what is stated in
paragraph No. _ is prayer clause which is explained to me by my
advocate in Marathi /English and same is true and correct.

Hence verified on this ___ day of November, 2019 at Aurangabad.

Identified and Deponent

Explained by :

S. B. Pulkundwar
Advocate
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD

WRIT PETITION NO. OF 2019

DISTRICT : NANDED

Zilla Parishad Nanded

Through its Chief Executive Officer ..PETITIONER

-V E R S U S-

Yamunabai Balasaheb Shinde and other

..RESPONDENTS
:: INDEX ::

Sr Particulars of documents Exhibit Page No.

no
01 Memo of Review Petition -- To

02 The copy of said communication dated “A” To

2/1/2019 issued by Divisional Controller,
MSRTC, Nanded

03 The copy of said certificate dated 29/10/2018 “B” To

04 The copy of order dated 02.05.2019 passed by “C” To

the learned Divisional Commissioner,
Aurangabad in Appeal No. __/2019

LAST PAGE :- ( )

PLACE : AURANGABAD (S. B. PULKUNDWAR)

Advocate for petitioner
DATE : .11.2019
 BEFORE THE HON’BLE ADDITIONLA DIVISIONAL
COMMISSIONER AURANGABAD
DIVISION AURANGABAD

REVIEW PETITION NO. OF 2019

IN
APPEAL NO. OF 2019

DISTRICT: NANDED

Zilla Parishad Nanded

Through its Chief Executive Officer
Tq. & Dist. Nanded .. APPLICANT

VERSUS

1. Yamunabai Balasaheb Shinde,

Age: __ years, Occu: Assistant Teacher at
Zilla Parishad Primary School, Sangavi (Bk)
Tq. & Dist. Nanded.

2. Vidyeshwari Gangadhar Tungerwar,

Age: __ years, Occu: Assistant Teacher at
Zilla Parishad Primary School, Sangavi (Bk),
Tq. & Dist. Nanded
..RESPONDENTS

CLAIM: Delay Condonaiton application

HUMBLE APPLICATION OF THE

ABOVE NAMED APPLICANT

MOST RESPECTFULLY SHOWETH:-

1 That, the applicant Zilla Parishad, Nanded is approaching

before this Hon’ble Authority for seeking review of order dated

02.05.2019 passed by this Hon’ble Authority thereby allowing the appeal

filed by respondent against the action taken for giving incorrect

information so as to seek transfer from service.

2. The applicant respectfully submits that, as per the

Government Resolution dated 27/2/2017 the husband and wife if

working beyond the distance of 30 km then there should be consider the

special category. As such by relying on incorrect information and false

certificate, the appellant had secured her transfer although she was not

falling in special category.

3. The applicant respectfully submits that, inspite of

aforementioned facts and circumstances of the case, this Hon’ble

Authority in its judgment and order dated 2/5/2019 has allowed the

appeal. This Hon’ble Authority has recorded some incorrect factual

aspect like no giving proper opportunity of hearing to the concern

teachers. It is submitted that, in the inquiry reports it has been

specifically mentioned that, the concerned teacher Sau. Yamunabai

Shinde had deliberately submitted incorrect certificate for transfer on the

ground of couple benefit. Whereas the said aspect is not considered

while passing the order by this Hon’ble Authority.

4. The applicant respectfully submits that, after going through

the relevant record and after placing file before the competent authority

it has been decided to file review petition before this Hon’ble Authority
against the decision / order passed in Appeal No. ___ 2019. As such for

taking appropriate decision some time has been consumed but the same

is not deliberate or intentional. The applicant submits that, in view of the

order passed by the Hon’ble Authority under Review there are various

subsequent order are passed in similar appeals as a result the concerned

teachers have given false information about the distance who seek

benefit of couple benefit. Therefore the present applicant/ Zilla Parishad,

Nanded requested this Hon’ble Authority to cancel the transfer orders

but this Hon’ble Authority by its judgment and order dated 2/5/2019

allowed the appeal filed by the complainant.

5. The applicant respectfully submits that, by way of present

application the applicant therefore request this Hon’ble Authority

deserves to be condoned the delay which has been caused for filing the

review petition thereby recall/ review the order dated 2/5/2019 passed by

this Hon’ble Authority in appeal No. __/2019.

6. THE APPLICANT THEREFORE PRAYS THAT

YOUR LORDSHIP WILL BE PLEASED TO :-

A) This application may kindly be allowed;

B) This Hon’ble Authority may kindly be condoned the delay

of ____ days preferring the Review Petition thereby recall/
review the order dated 02.05.2019 passed in Appeal No.
__/2019 by the learned Divisional Commissioner,
Aurangabad and for that purpose issue necessary orders;

C) Pass such other further orders as this Hon'ble Authority may

 deem, fit and proper in the peculiar facts and circumstances
of the case.

AND FOR THIS ACT OF KINDNESS AND JUSTICE THE

APPLICANT AS IN DUTY BOUND SHALL EVER PRAY.

PLACE : AURANGABAD
(S. B. PULKUNDWAR)
DATE : .11.2018 Advocate for applicant
 ::V E R I F I C A T I O N::

I, ___________________, Age: __ years, Occu: Chief Executive

Officer, Zilla Parishad, Nanded R/o. Nanded do hereby state on oath and
solemn affirmation that, what is stated in paragraphs No. 1 to __ are true
and correct to the best of my personal knowledge and what is stated in
paragraph No. _ is prayer clause which is explained to me by my
advocate in Marathi /English and same is true and correct.

Hence verified on this ___ day of November, 2019 at Aurangabad.

Identified and Deponent

Explained by :

S. B. Pulkundwar
Advocate
BEFORE THE HON’BLE ADDITIONLA DIVISIONAL
COMMISSIONER AURANGABAD
DIVISION AURANGABAD

REVIEW PETITION NO. OF 2019

IN
APPEAL NO. OF 2019

DISTRICT: NANDED

Zilla Parishad Nanded

Through its Chief Executive Officer
Tq. & Dist. Nanded .. APPLICANT

VERSUS

1. Yamunabai Balasaheb Shinde,

Age: __ years, Occu: Assistant Teacher at
Zilla Parishad Primary School, Sangavi (Bk)
Tq. & Dist. Nanded.

2. Vidyeshwari Gangadhar Tungerwar,

Age: __ years, Occu: Assistant Teacher at
 Zilla Parishad Primary School, Sangavi (Bk),
Tq. & Dist. Nanded
..RESPONDENTS

CLAIM: For stay

1 The applicant respectfully submits that, the applicant Zilla

Parishad, Nanded is approaching before this Hon’ble Authority for

seeking review of order dated 02.05.2019 passed by this Hon’ble

Authority thereby allowing the appeal filed by respondent against the

action taken for giving incorrect information so as to seek transfer from

service.

2. The applicant respectfully submits that, the complainant

Vimalabai Tungerwar had filed the complaint with the office of

Divisional Commissioner, Aurangabad alleging therein that, the order

passed by the Chief Executive Officer, Zilla Parishad Nanded thereby

withholding her increment and cancelling her transfer is illegal.

3. The applicant respectfully submits that, the Zilla Parishad,

Nanded had taken action against the complainant and other similar

situated teachers who are working as a primary and secondary teachers

in respective schools. The complainant had sought transfer as per the

policy of couple benefit by mentioning false distance between two

places. In the said case, the husband of appellant is working in a college

at Nanded whereas the appellant was working in a school which is

situated at distance of less than 30 k.m. However, the said appellant by

relying on so called Google Map alleged that the distance between these

two places is more than 30 k.m.

4. The applicant respectfully submits that, after noticing the

aforementioned mischief made by the concerned teacher in respect to

given information of false distance between the working place of

husband and wife, issued notices to the concerned and thereafter hearing

was conducted. During such hearing every opportunity was given to the

concerned teachers and it was found that the concerned teacher had

relied on incorrect Google Map and such certificate issued by the

Authority of MSRTC, the impugned disciplinary action of withholding

one increment and cancelling the transfer order was taken.

5. The applicant respectfully submits that, in view of the

certificate issued by MSRTC whereby particularly the Divisional

Controller, Zilla Parishad, Nanded by letter dated 23/12/2018 had

requested for the correct distance between the school of appellant at

Umri and the place of husband job at Vazirabad, Nanded. Similar request

were made by the Executive Engineer of Zilla Parishad Nanded and

accordingly the Divisional Controller, MSRTC, Nanded by letter dated

2/1/2019 has informed that the teachers working in Zilla Parishad

Nanded or approaching with the Divisional Controller for issuance of

distance certificate as same is requires for transfer. However, it is

informed that, there is no such direction from the head office of the

MSRTC to issue such certificate, hence the earlier distance certificate

issued by Divisional Controller, MSRTC, Nanded shall not be

considered.

6. The applicant respectfully submits that, similarly the

Executive Engineer of Zilla Parishad Nanded by communication dated

29/10/2018 has specifically informed that the distance between the

primary school at Umri Tq. Ardhapur and the distance of Vazirabad,

Nanded is 30 k.m.

7. The applicant respectfully submits that, as per the

Government Resolution dated 27/2/2017 the husband and wife if

working beyond the distance of 30 km then there should be consider the

special category. As such by relying on incorrect information and false

certificate, the appellant had secured her transfer although she was not

falling in special category.

8. The applicant respectfully submits that, inspite of

aforementioned facts and circumstances of the case, this Hon’ble

Authority in its judgment and order dated 2/5/2019 has allowed the

appeal. This Hon’ble Authority has recorded some incorrect factual

aspect like no giving proper opportunity of hearing to the concern

teachers. It is submitted that, in the inquiry reports it has been

specifically mentioned that, the concerned teacher Sau. Yamunabai

Shinde had deliberately submitted incorrect certificate for transfer on the

ground of couple benefit. Whereas the said aspect is not considered

while passing the order by this Hon’ble Authority.

9. The applicant respectfully submits that, it is submitted that,

as per the decisions, rules and as per the Circular dated 13/2/2019 issued

by the State of Maharashtra it is clear that if a employee of Zilla

Parishad gives mislead and incorrect information and requested for

transfer then if the other act is proved then increment of such employee

can be permanently withheld. Moreover, as per the relevant Circular the

transfer of concerned teacher can be effected only he/ she submits true

and correct information regarding the distance and it was expect to filing

true and correct information however in the present case, the appellant in

her declaration have shown distance between the places of her

employment and place of her husband is more than 32 km which is

factually incorrect.

10. The applicant respectfully submits that, in the light of

above facts and circumstances, particularly the act of deliberate and

willful misconduct committed by the concerned teacher, the Zilla

Parishad, Nanded had taken just and reasonable decision of withholding

one increment and cancelling the transfer order. However, this Hon’ble

Authority without considering the said aspect mechanically passed the

impugned order which is contrary to record, facts and circumstances

available on record. Hence the order under Review passed by this

Hon’ble Authority deserves to be reviewed in the interest of justice and

peculiar facts and circumstances of the present case.

11. The applicant respectfully submits that, the applicant Zilla

Parishad, Nanded has good grounds for recall/ review the review petition

and the applicant hopes to succeed in the same. The balance of

convenience is lies in favour of the present petitioner. The complainant/

appellant would try to execute the impugned order dated 2/5/2019

passed by this Hon’ble Authority in that eventuality pending hearing and

final disposal of this Review Petition grant stay to the impugned order

dated 2/5/2019.

12. THE APPLICANT THEREFORE PRAYS THAT

YOUR LORDSHIP WILL BE PLEASED TO :-

A) This application may kindly be allowed;

B) Pending the hearing and final disposal of Review Petition,

the implementation, execution and operation of order dated
02.05.2019 passed in Appeal No. __/2019 by the learned
Divisional Commissioner, Aurangabad may kindly be
stayed and for that purpose issue necessary orders;

C) Pass such other further orders as this Hon'ble Authority may

deem, fit and proper in the peculiar facts and circumstances
of the case.

AND FOR THIS ACT OF KINDNESS AND JUSTICE THE

APPLICANT S AS IN DUTY BOUND SHALL EVER PRAY.

PLACE : AURANGABAD
(S. B. PULKUNDWAR)
DATE : .11.2018 Advocate for applicant
 ::V E R I F I C A T I O N::

I, ___________________, Age: __ years, Occu: Chief Executive

Officer, Zilla Parishad, Nanded R/o. Nanded do hereby state on oath and
solemn affirmation that, what is stated in paragraphs No. 1 to __ are true
and correct to the best of my personal knowledge and what is stated in
paragraph No. _ is prayer clause which is explained to me by my
advocate in Marathi /English and same is true and correct.

Hence verified on this ___ day of November, 2019 at Aurangabad.

Identified and Deponent

Explained by :

S. B. Pulkundwar
Advocate