Motilal Devba Sawant And ORS v. The State Of Maharashtra Thr Secretary And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 14825 OF 2022 Motilal Devba Sawant & Ors.

...Petitioners

V/s.

The State of Maharashtra Thr Secretary & Ors.

...Respondents

WITH WRIT PETITION NO. 14827 OF 2022 Ganpat Vitthal More & Ors.

...Petitioners

V/s.

The State of Maharashtra Thr.

Secretary & Ors.

...Respondents

WITH WRIT PETITION NO. 14826 OF 2022 Minakshi Amol Shinde & Ors.

...Petitioners

Versus

The State of Maharashtra Thr. Secretary & Ors.

...Respondents

---- Mr. Sahil Choudhari i/b. Mr. Balaji Shinde for Petitioners in all Petitions.

Mr. N. C. Walimbe, AGP for Respondent Nos.1 & 2-State in all Petitions.

Mr. Ratan C. Adhe li/b. Mr. Pankaj P. Deokar for Respondent No.3 in WP No. 14825/2022.

Mr. Anand Kulkarni for Respondent No.3 &4in WP/14827/2022. Dr. Uday P. Warunjikar for Respondent Nos.3 & 4 in WP/14826/2022.

---- CORAM : SUNIL B. SHUKRE, AND FIRDOSH P. POONIWALLA, J.J.

DATE : 29th AUGUST 2023 P.C.

1.

Heard. By all these Petitions, Petitioners are claiming that they are eligible for making request for their transfers on the Ashvini Kakde page 1 of 2 4-wp-14825-2022@coconnected.doc

ground of couple convenience as they fall in the Special Category-1 and Special Category-2 of the G.R. dated 7th April 2021 and G. R. dated 21st February 2019 and on that ground, these Petitioners have sought their transfers to their desired places for the year 2022-23.

2.

The academic year 2022-23 is now over and therefore these Petitions have been rendered practically infructuous but at the same time, we find that the Petitioners can be given liberty while disposing of all these Petitions to renew their request for transfers on the ground of couple convenience for the next academic year of 2023-24 as and when the Applications are invited for next annual general transfers.

3.

Accordingly, we dispose the Petitions as having been rendered infructuous with liberty to the Petitioners to renew their request for transfers on the ground of couple convenience in terms of G.R. dated 7th April 2021 and G. R. dated 21st February 2019 and the view taken by co-ordinate bench at Aurangabad in the case of Datta Rushikesh Salunke and Ors. V/s. The State of Maharashtra & Ors. decided on 6th January 2023, during next academic year 202324. (FIRDOSH P. POONIWALLA, J.) (SUNIL B. SHUKRE, J.) Ashvini Kakde page 2 of 2 4-wp-14825-2022@coconnected.doc