Satish Janardhan Sakhare v. The State Of Maharashtra And Others

{1} wp11837.17.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 11837 OF 2017 Satish s/o Janardhan Sakhare Petitioner

Versus

The State of Maharashtra & others Respondents Mr. S.S. Thombre, advocate for petitioner.

Mr. A.R. Kale, A.G.P. for respondents.

CORAM : R.M.BORDE & SMT. VIBHA KANKANWADI, JJ.

DATE : 27th SEPTEMBER, 2017 PER COURT:

1.

This Court while dealing with Writ Petition No. 5304/2017 permitted the institution to withdraw the order which contained technical lacuna and, granted liberty to the institution to pass fresh order. Availing the liberty granted by this Court, by removing the technical deficiencies, the institution has issued fresh order which is subject matter of the instant petition. 2.

Petitioner does not have fundamental right to claim entitlement to remain at one station. Transfer is the incidence of service. We do not find that the transfer is malafide. In exercise of extra ordinary jurisdiction under Article 226 of the Constitution of India, no interference is called for in the instant petition. It would

{2} wp11837.17.odt be open for the petitioner to apply for release of salary. Petition is devoid of substance hence stands rejected.

SMT. VIBHA KANKANWADI R.M.BORDE JUDGE JUDGE dyb