Bombay High Court
Milind Govindrao Kachare vs State Of Maharashtra, Through ... on 23 September, 2021
Bench: S.B. Shukre, Anil S. Kilor
10, 11WP3673, 3675.2021.(JUD)odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.3675 OF 2021
WITH
WRIT PETITION NO.3673 OF 2021
WRIT PETITION NO.3675 OF 2021
Milind Govindrao Kachare,
Aged about 55 years, Occupation -
Assistant Architect, Maharashtra
Housing and Area Development
Authority, Resident of 39-B,
'Govind' Yogiraj Colony, inside
Tapovan Gate, Amravati - 444602. .... PETITIONER
// VERSUS //
1) State of Maharashtra,
through Secretary, Housing Department,
Mantralaya, Madam Cama Road, Mumbai 440 032.
2) Maharashtra Housing and Area
Development Authority, through its
Secretary, Gruha Nirman Bhawan,
Bandra (East) Mumbai.
3) Amravati Housing and Area
Development Board, through its
Chief Officer, Tope Nagar, Amravati. .... RESPONDENTS
-----------------------------------------------------------------------------------------------
Mr. A.A. Choube, Advocate for petitioner
Mr. A.S. Fulzele, Addl. G.P. for respondent No.1/State
Mr. Mohta, Advocate for respondent Nos.2 and 3
-----------------------------------------------------------------------------------------------
WITH
WRIT PETITION NO.3673 OF 2021
Amit Murari Kumbhare,
Aged about 39 years, Occupation -
Assistant Architect, Maharashra Housing
and Area Development Authority,
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10, 11WP3673, 3675.2021.(JUD)odt
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Resident of Plot No.31, Manewada, Nagpur - 440024. .... PETITIONER
// VERSUS //
1) State of Maharashtra,
through Secretary, Housing Department,
Mantralaya, Madam Cama Road, Mumbai 440 032.
2) Maharashtra Housing and Area
Development Authority, through its
Secretary, Gruha Nirman Bhawan,
Bandra (East) Mumbai.
3) Amravati Housing and Area
Development Board, through its
Chief Officer, Tope Nagar, Amravati. .... RESPONDENTS
Mr. A.S. Manohar, Advocate for petitioner
Ms. N.P. Mehta, A.G.P. for respondent No.1/State
Mr. Mohta, Advocate for respondent Nos.2 and 3
________________________________________________________________
CORAM : SUNIL B. SHUKRE AND
ANIL S. KILOR, JJ.
DATE : 23rd SEPTEMBER, 2021.
COMMON JUDGMENT: [PER:SUNIL B. SHUKRE, J.]
Heard learned counsel in both the petitions and learned
Addl.GP and AGP appearing for respondent No.1/State in respective
petitions and Mr. Mohta, learned counsel for respondent Nos.2 and
3 in both the petitions, by waiving notice.
10, 11WP3673, 3675.2021.(JUD)odt
2. Rule. Rule made returnable forthwith. The matter is heard
finally with the consent of the learned counsel for the parties in
both the petitions.
3. A submission has been made on behalf the petitioners that the
State Government has considered the request for change of posting
on transfer in some cases of Deputy Engineers and has still not
decided a similar request made by these petitioners.
4. It is submitted by Mr. Choube, learned counsel for the
petitioner in Writ Petition No.3675 of 2021 that the representation
of the petitioner has also been forwarded by his superior officer to
Urban Development Department. But, so far it has not been
decided.
5. Mr. Manohar, learned counsel for petitioner in Writ Petition
No.3673 of 2021 submits that although the petitioner has made his
representation for change of his posting on transfer on
humanitarian grounds, his representation has not been forwarded
by his superior officer to Urban Development Department and
unless his representation is forwarded, the request of the other
petitioner may not be considered.
6. Learned counsel for both the petitioners have relied upon the
directions issued by this Court in Writ Petition No.3455 of 2021,
10, 11WP3673, 3675.2021.(JUD)odt
decided on 09.09.2021 in respect of an officer, almost similarly
situated.
7. In Writ Petition No.3455 of 2021, this Court had directed the
respondent No.1-State of Maharashtra, through Secretary, Housing
Department, Mantralaya, Mumbai to treat the petition as fresh
representation of the petitioner and decide the same in accordance
with law, on the basis of equality and without any discrimination, as
early as possible and in any case, within four weeks from the date of
the order.
8. Considering the facts of both the petitions, and also the facts
involved in Writ Petition No.3455 of 2021, we are of the view that
similar directions deserve to be issued, in both these petitions, on
the ground of parity.
9. We, therefore, partly allow both the petitions.
10. We direct respondent No.1-State Government, through
Secretary, Housing Department, Mantralaya, Mumbai to decide the
representation of Milind Govindrao Kachare, dated 10.08.2021
forwarded to the department, vide communication dated
20.08.2021 issued by Secretary of Maharashtra Housing and
Development Authority, on the basis of equality and without any
10, 11WP3673, 3675.2021.(JUD)odt
discrimination, as early as possible, and in any case, within a period
of four weeks from the date of the order.
11. We further direct respondent No.3-Amravati Housing and
Area Development Board to forward the representation of Amit
Murari Kumbhare, dated 11.08.2021 to respondent No.1 within a
period of two weeks from the date of the order and we further
direct respondent No.1 to decide the same, in accordance with law,
on the basis of equality and without any discrimination, as early as
possible, and in any case, within a period of two weeks from the
date of receipt of the representation.
12. Rule accordingly. No costs.
JUDGE JUDGE
nd.thawre
