Amol Dhondopant Burse v. The State Of Maharashtra Through Secretary And Others

2024:BHC-AUG:12498-DB ( 1 ) 948 wp 6253.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 948 WRIT PETITION NO. 6253 OF 2024 AMOL DHONDOPANT BURSE

VERSUS

THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS .....

Advocate for the Petitioner : Mr. Birajdar Yogesh G. AGP for Respondents/State : Mr. S.R. Yadav Lonikar Advocate for Respondents : Mr. S.B. Pulkundwar .....

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

DATE :

27th June, 2024 P.C. :- 1.

The Petitioner is a contractual employee on eleven months contract as a Community Health Officer at Sub-Center Taroda in Kalamnuri Tahsil. During one of his contractual extension, he was transferred to the office of the Civil Surgeon at Parbhani and thereafter at Valona Sub-Center in Mahur, followed by Vazra Sub-Center in Mahur. Presently, he is working at Vazra Sub-Center and prays for a transfer to District Hospital, Hingoli. He has made a specific request vide communication dated 02.05.2024, that he should be posted at Arogya Vardhini Kendra at Kharwad, Tq. Kalamnuri, Dist. Hingoli. Reliance is placed on Clause 5 of the Circular dated 06.06.2018, issued by the Directorate of Medical Services.

( 2 ) 948 wp 6253.24 2.

We have perused Clause 5 of the said circular. We find that the representation is not maintainable under Clause 5. In view thereof, we cannot issue a Writ of Mandamus to command a particular officer to perform an act which he is not obliged to under any provisions of law. 3.

This Writ Petition is, therefore, dismissed.

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