Smt. Renuka Shrikant Awatade vs State Of Maharashtra, Thr. ...
2023 Latest Caselaw 7635 Bom

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            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      NAGPUR BENCH, NAGPUR.

                            WRIT PETITION NO.4809/2023
                              Smt. Renuka Shrikant Awatade
                                               -Vs.-
                             State of Maharashtra and another
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Office notes, Office Memoranda of
Coram, appearances, Court's orders                     Court's or Judge's Orders.
or directions and Registrar's orders.
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              Mr. P.S. Chawhan, counsel for the petitioner.



            CORAM: A.S. CHANDURKAR & MRS. VRUSHALI V. JOSHI, JJ.

DATE : 1.8.2023

Heard.

2. The petitioner is aggrieved by the order of transfer dated 28.7.2023 by which the petitioner who is serving as Executive Engineer stands transferred from Nagpur Circle to the Amravati Circle. Attention is invited to the Guidelines framed by the respondent No.2 in the matter of transfer to urge that as per Government Resolution dated 11.8.2014 if a child of such employee is studying in the 10th / 12th standard the transfer should not be effected in the particular academic session. The petitioner's daughter is presently pursuing education in the 12 th standard. In addition challenge is raised to the Government Resolution dated 17.7.2019. By relying upon the judgment of this Court in the case of S.S. Sadhawani V/s. Enquiry Officer, MHADA, Mumbai and others reported in 2006 (6) Mh.L.J. 29 it is urged that under Section 164 of the Maharashtra Housing and Area Development Act, 1976 the State

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Government is not competent to transfer the employees of the respondent No.2-Maharashtra Housing and Area Development Authority.

3. Issue notice to the respondents returnable in two weeks.

4. Ms. N.P. Mehta, learned Assistant Government Pleader waives notice for the respondent No.1.

5. The position as prevailing today shall be maintained till the returnable date.

(MRS. VRUSHALI V. JOSHI, J.) (A.S. CHANDURKAR, J.)

Tambaskar.