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Bombay High CourtWP/2689/2015rule discharged

Shri. Ambadas Gangadhar Kandekar v. The Deputy Director Of Education, Pune Division And ANR.

2015-08-19Hon'Ble Shri Justice A.A. Sayed,Hon'Ble Shri Justice Anoop V. Mohta2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ` WRIT PETITION NO.2689 OF 2015 ...

Shri Ambadas Gangadhar Kandekar

...Petitioner

v/s.

The Deputy Director of Education, Pune Division and another

...Respondents

...

Mr.Rajaram Deshmukh for the Petitioner.

Ms.S.S.Bhende, AGP for the State.

...

CORAM : ANOOP V. MOHTA & A.A.SAYED, JJ.

DATED : 19 AUGUST 2015 P.C.

Rule. Returnable forthwith. Heard finally by consent of parties. 2.

The Petitioner's challenge to the transfer order dated 31 May 2014 was rejected by the Maharashtra Administrative Tribunal (MAT) by impugned order dated 31 October 2014. The present Writ Petition was filed on 19 August 2015 in this Court. Considering the scope of interference in such matters and as the learned Member has passed a reasoned order noting the submissions so made by the Petitioner and specifically for the reason in para 11 of the impugned order, we see no case is made out to interfere with the said reasons.

Uday P. Kambli 1/2

2/2 wp-2689-15.doc 3.

A statement is made by the learned Counsel for the Petitioner that there was no interim relief/protection operating during the pendency of the Original Application before the MAT and there is no interim order of protection even granted by this Court at any earlier point of time. Therefore, we are inclined to dispose of the present Writ Petition as no case is made out to interfere with the reasoned order so passed maintaining the transfer action. However, in the interest of justice, as the Petitioner belongs to "C" category employee and in view of the Circular, we are permitting the Petitioner to make representation to the Respondents, which is another mode to point out the grievance, if any. The Respondents to consider the same in accordance with law.

4.

The Petition is dismissed. Rule discharged. No costs. (A.A. SAYED, J.) (ANOOP V. MOHTA J.) Uday P. Kambli 2/2