Gangadhar Nana Kamble v. The State Of Maharashtra And Others

1 8-wp8528-15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.8528 OF 2015 Gangadhar s/o. Nana Kamble ..Petitioner

Versus

The State of Maharashtra and ors.

..Respondents -- Mr.M.P.Kale, advocate for petitioner Mr.U.K.Patil, Special counsel for respondent nos. 1 to 3 -- CORAM : S.S. SHINDE AND M.T. JOSHI, JJ.

DATE : SEPTEMBER 10, 2015 PER COURT :

Heard.

2] Learned counsel appearing for the petitioner submits that the petitioner ought to have given benefit of Section 5(1)(a) of the Maharashtra Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act, 2005. He submits that the petitioner

2 8-wp8528-15.odt is about to retire. It is his last year of service before his retirement and therefore, he should be retained in Beed District since it is his home District.

3] Learned Special counsel for respondent nos.1 to 3 submits that for last seven years, the petitioner is in Beed District. He further submits that there are compelling reasons for his transfer. Therefore, he submits that the impugned judgment and order of the Maharashtra Administrative Tribunal needs no interference. 4] We have heard learned counsel for the petitioner and learned Special counsel for respondent nos.1 to 3. Perused the reasons recorded by the Maharashtra Administrative Tribunal and in particular, paragraph 14 thereof.

3 8-wp8528-15.odt 5] In our opinion, the reasons recorded by the Maharashtra Administrative Tribunal are in consonance with the material brought on record. No case is made of for interference.

6] The petition sans merit and the same is dismissed.

[M.T. JOSHI, J.] [S.S. SHINDE, J.] kbp