Nilkumar Vasant Chavan And ORS. v. State Of Maharashtra And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION STAMP NO.34937 OF 2017 WITH CIVIL APPLICATION NO. 1489 OF 2019 Shri Nilkumar Vasant Chavan & Ors.

.. Petitioners Vs.

State of Maharashtra and ors.

.. Respondents Mr. Ajinjkya Udane for petitioners.

Mr. Manish Pabale, AGP for respondent Nos.1 to 4. CORAM: PRADEEP NANDRAJOG, CJ. & N. M. JAMDAR, J.

JULY 02, 2019.

P.C.

1.

The petitioners are employees of a Junior College of Vocational Education established by the respondent No.5- Trust. The College is at Lasurne, Taluka - Indapur, District - Pune. The grievance is to the management submitting a proposal to the State Government seeking permission to shift the Junior College to Saswad, Taluka - Purandhar, District - Pune and vide order dated 12 September 2017 the Government granted the necessary approval.

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We have perused the approval granted and note that the same is subject to the three conditions inserted in the approval being: (i) that no inconvenience should result to the students in pursuing their education, (ii) no staff member would be released from service and (iii) all facilities shall be provided at the place of transfer.

3.

The petition which was filed on 13 December 2017 could unfortunately not be taken up for a preliminary hearing till today.

4.

We have asked learned counsel for the petitioners whether in the interregnum the Junior College has been shifted? Learned counsel states that he has no information. 5.

In the absence of any stay, the shifting would have taken place.

6.

Be that as it may, the sanction permitting transfer, protects the interest of the existing staff and thus the petitioners cannot have any grievance to the Junior College being shifted.

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The petition is dismissed.

8.

Civil Application No. 1489 of 2019 does not survive and is disposed of.

9.

At this stage, learned counsel for the petitioners states that the petitioners and the management have entered into some settlement, terms thereof he is not able to give or indicate to the court.

N. M. JAMDAR, J. CHIEF JUSTICE