Supriya Suresh Kamble vs The State Of Maharashtra
2021 Latest Caselaw 7657 Bom

                                                                     13-wp-602-2021.doc

jsn

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIVIL APPELLATE JURISDICTION

                              WRIT PETITION NO.602 OF 2021

       Mrs. Supriya Suresh Kamble                                     ...Petitioner

               Versus

       State of Maharashtra                                      ...Respondents

                                         ----------
       Mr. M.V. Thorat, with Mr. Anukul Seth for the Petitioner.
       Mr. Ameya Pitale, i/b. Ajit Ram Pitale, for Respondent No.1.
       Mr. V.S. Gokhale, 'B' Panel Counsel for State.
                                         ----------

                                         CORAM :        K.K. TATED &
                                                        R.I. CHAGLA, JJ.

                                         DATE         : 10TH JUNE, 2021

       ORDER :

1. Heard learned Counsel for parties.

2. By this Writ Petition fled under Article 226 of the

Constitution of India, the Petitioner is challenging the transfer

order dated 10th August, 2020 issued by Respondent No.1

transferring the Petitioner from one place to other. It is the

case of the Petitioner that as per the Maharashtra Jivan

Pradhikaran Employees Transfer Regulation, 2013, Regulation

13-wp-602-2021.doc

No.3, there is no question of transferring the employees of

category 'C' unless and until, he or she completes two terms on

the same post. In support of this contention, the learned

Petitioner relies on the judgment of this Court in the matter of

Pandurang Bapu Patil Vs. Chief Administrative Offcer,

Maharashtra Jivan Pradhikarn & Ors1. On the basis of this

submission, the learned Counsel for the Petitioner submits that

the transfer order is required to be set aside.

3. On the other hand, the learned Counsel Mr. Pitale for the

Respondent No.1 submits that his arguing counsel is held up in

the matter, hence he requires some time.

4. Considering the submissions made by both the parties,

the transfer order dated 10th August, 2020 and the judgment

of this Court in the matter of Pandurang Patil (Supra), the

following order is passed:-

a) Respondent No.1 is directed to fle his Affdavit in

Reply on or before 24th June, 2021 with copy to other side.

b) Affdavits in Rejoinder, if any, to be fled on or before

29th June, 2021 with copy to other side.

1    2017 (3) Mh.L.J. page 595.






                                                           13-wp-602-2021.doc

         c)       Mr. Gokhale, learned 'B' panel Counsel for State

 waives service.


         d)       Matter to appear on board on 5th July, 2021.




         [R.I. CHAGLA J.]                    [K.K. TATED, J.]