The State Of Maharashtra Through The Secretary And Others v. Mr. Mahendra Chogle

skn 1/2 6.15-mca.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO. 6 OF 2015 The State of Maharashtra and others.

...

Applicants.

V/s.

Mr.Mahendra Chogle and others.

...

Respondents.

P.G.Sawant, AGP for the applicants.

CORAM :

DR.MANJULA CHELLUR, C.J.

DATE :

7th October 2016.

P.C. :

By this application, the applicant- State has sought for transfer of various writ petitions mentioned in the application, which are pending at different Benches of this Court i.e. Nagpur; Aurangabad and Goa, to the Principal Bench at Mumbai. The issue in the writ petitions pertains to the revised instructions issued by the Government Circular dated 30th July 2013 of the State Government whereby the employees in the reserved categories are directed to get their caste certificates validated from the competent authorities. Most of the writ petitions are pending before the Benches other than the Principal Bench at Mumbai. Since most of the petitioners are prosecuting their writ petitions before different Benches and are employed in different departments, I am of the opinion, if transfer of petitions is allowed there would be great inconvenience and

skn 2/2 6.15-mca.sxw hardship to the petitioners who not only have to apply for leave to come to this Court but also have to spend money to travel from their place to Mumbai and stay at Mumbai. If any of the Benches including Principal Bench of this Court decides the controversy, the judgment of the said Bench would be binding on the co-ordinate Benches unless they intend to refer it to a larger Bench in case of difference of opinions. Hence, I find no merit in transferring these writ petitions. Misc.Civil Application is dismissed.

CHIEF JUSTICE