Madhav Chhagan Thakare v. The State Of Maharashtra Through Transport Department And Another

2024:BHC-AUG:10708-DB ( 1 ) 35 wp 5321.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 35 WRIT PETITION NO. 5321 OF 2024 MADHAV CHHAGAN THAKARE

VERSUS

THE STATE OF MAHARASHTRA THROUGH TRANSPORT DEPARTMENT AND ANOTHER .....

Advocate for the Petitioner : Mr. Wagh Mukulanand R. AGP for Respondents/State : Mr. N.S. Tekale Advocate for R/2 : Mr. A.D. Shinde .....

CORAM : RAVINDRA V. GHUGE & Y.G. KHOBRAGADE, JJ.

DATE :

10th June, 2024 P.C. :- 1.

The Petitioner is a Branch Manager with the State Transport Cooperative Bank Ltd. This Cooperative Bank has come into existence through the involvement of the employees of the transport department. The learned advocates for the Respondents have placed reliance upon the Full Bench judgment of this Court in Vassudev Madaikar and Ors. V/s. State of Goa; 2021

(6) ABR 718, wherein it has been concluded that the Goa State Cooperative Bank Ltd. is not a State or instrumentality thereof or any other authority for the purposes of Article 12 of the Constitution of India.

( 2 ) 35 wp 5321.24 2.

The learned advocate for the Petitioner submits that as the Petitioner is a Branch Manager and cannot approach the Industrial Court, he desires to approach either the Civil Court or the Cooperative Court as may be permissible in law.

3.

In view of the above statement, this Writ Petition is disposed off. The disposal of this petition would not be an impediment for the Petitioner to approach any authority as is permissible in law. So also, the issue as to whether the Petitioner can be transferred when he has only 18 months of service left, is kept open.

[Y.G. KHOBRAGADE, J.] [RAVINDRA V. GHUGE, J.] mub