Anup Limbraj Dure v. State Of Maharashtra And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4793 OF 2024 Anup Limbraj Dure .. Petitioner Vs.

The State of Maharashtra, Through Urban Development Dept. and Ors.

.. Respondents Mr. S.B. Talekar, with Ms. Madhavi Ayyappan and Mr. Shubham Gurav, i/by Talekar & Associates, for the Petitioner. Mr. B.V. Samant, Addl. G.P., with Ms. Tanu Bhatia, Asst. G.P. for Respondent Nos.1 and 2 - State of Maharashtra. Mr. Gaurav Bandiwadekar for Respondent No.3.

CORAM : A.S. CHANDURKAR & JITENDRA JAIN, JJ DATE : 8TH APRIL, 2024.

P.C. :

1.

The challenge raised in this writ petition is to the order of transfer dated 15th December 2023 by which the services of the petitioner have been transferred from the post of Chief Officer, Nagar Parishad, Khopoli to the Assistant Commissioner, Navi Mumbai Municipal Council. According to the learned counsel for the petitioner, the order of transfer has been challenged before the Maharashtra Administrative Tribunal in Original Application No.1577 of 2023. The prayer for interim relief has not yet been considered by the Tribunal and hence the petitioner is aggrieved by the fact that the prayer for interim relief is yet to be considered. 2.

It is seen that the next date of the proceedings before the Tribunal is 10th April 2024. It is expected that the Tribunal would consider the prayer for grant of interim relief, if pressed by the petitioner, on its own merits and in accordance with law. Considering the fact that the challenge is to an order of transfer, it is expected that the Tribunal would consider the 1/2 Digitally signed by SNEHA ABHAY DIXIT Date:

2024.04.08 17:11:51 +0530 SNEHA ABHAY DIXIT 7-WP-4793-2024.doc Dixit

matter in that perspective and take necessary decision thereon. All points on merits are kept open.

3.

Writ Petition is disposed of.

4.

Parties to act on the authenticated copy of this order. [ JITENDRA JAIN, J. ] [ A.S. CHANDURKAR, J. ] 2/2 7-WP-4793-2024.doc Dixit