Mr. Sanjay Ambadas Patil vs The State Of Maharashtra Thr The ...
2022 Latest Caselaw 12901 Bom

Citation : 2022 Latest Caselaw 12901 Bom
Judgement Date : 12 December, 2022

Bombay High Court

Mr. Sanjay Ambadas Patil vs The State Of Maharashtra Thr The ... on 12 December, 2022

Bench: Nitin W. Sambre, Sharmila U. Deshmukh

           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIVIL APPELLATE JURISDICTION

                     WRIT PETITION NO.15258 OF 2022

Sanjay Ambadas Patil                                      ...Petitioner.
      Versus
The State of Maharashtra& Ors.                            ..Respondents.

                             ------------
Mr. Avinash R. Belge for the Petitioners.
Mr. N. V. Walimbe, AGP for Respondent-State.
                             ------------

                           CORAM : NITIN W. SAMBRE &
                                   SHARMILA U. DESHMUKH, JJ.

                           Date          : December 12, 2022.

P. C. :

1. The Petitioner came to be appointed as Assistant Professor

vide order dated 31st August 2005 by Respondent no.4-society to

Respondent No.5-college.

2. According to the Petitioner, there is no condition of transfer

in the appointment order. Vider order impugned in the petition of

30th November 2022, it is claimed that the services of Petitioner are

sought to be transferred to other institution managed by very

same society, i.e., Respondent No.4. Drawing support from the

judgment of apex Court in the matter of Kundan Sugar Mills v/s.

Ziyauddin [1960(1) LLJ 266] it is claimed that the services of the

Petitioner cannot be transferred as the same amounts to change in

Patil_sr Digitally signed by SACHIN 1/ 2 SACHIN RAMCHANDRA RAMCHANDRA PATIL PATIL Date:

2022.12.15 12:09:05 +0530 service conditions. It is the contention of counsel for the Petitioner

that the transfer is mala fide so as to victimise the Petitioner.

3. In view thereof, issue notice to the Respondents for final

disposal returnable on 5th January 2023. The Assistant Government

Pleader waives service for Respondent Nos.1 and 2.

4. The transfer of the Petitioner shall be subject to the final

outcome of petition.

5. To be heard along with Writ Petition (stamp) No. 30904 of

2022.



[Sharmila U. Deshmukh, J.]                       [Nitin W. Sambre, J.]




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