Rajesh Laxman Patil And Others v. The State Of Maharashtra And Others

1 24-WP11392-15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.11392 OF 2015 1] Rajesh s/o. Laxman Patil 2] Yogesh s/o. Eknath More 3] Rakesh s/o. Devendra Deore ..Petitioners versus The State of Maharashtra and ors.

..Respondents -- Mr.S.B.Solanke, advocate for petitioners Mr.S.G.Karlekar, AGP for respondent no.1 Mr.R.S.Pawar, advocate for respondent nos.2 and 3 -- CORAM : S.S. SHINDE AND SANGITRAO S. PATIL, JJ.

DATE : MARCH 29, 2016 PER COURT :

Heard learned counsel appearing for the petitioners; learned AGP for respondent no.1 - State; and learned counsel appearing for respondent nos.2 and 3.

2 24-WP11392-15.odt 2] Learned counsel appearing for the petitioners submits that petitioner no.1 has completed more than fifteen years of service and petitioner no.2 has completed more than ten years of service in the month of December, 2015. However, learned counsel fairly states that petitioner no.3 is yet to complete ten years period. It is further submitted that in case directions are given to respondent nos.2 and 3 to consider the cases of the petitioners for inter-district transfer and to enlist their names in the list of teachers who are seeking transfer, the petitione would be satisfied. 3] Learned counsel appearing for respondent nos.2 and 3, on instructions, submits that all the proposals received for inter-district transfer with respondent no.2 are being scrutinised and considered by respondent no.2. He further submits that respondent no.2 has received 900 proposals for inter-district transfers and 300 proposals have

3 24-WP11392-15.odt already been scrutinised and remaining proposals would be scrutinised in due course keeping in view the policy for inter-district transfer and the relevant procedure.

4] We have given careful consideration to the submissions advanced by learned counsel for the parties.

5] In our opinion, so far as petitioner no.3 is concerned, since he has not completed ten years period of service, leaving open the prayer to apply for inter-district transfer at an appropriate time on completion of ten years, we decline to grant any relief to respondent no.3 6] So far as petitioner nos.1 and 2 are concerned, as they have completed more than ten years of service, we direct respondent nos.1 and 2 to consider the cases of petitioner nos.1 and 2 in

4 24-WP11392-15.odt accordance with the Government Circulars/policy for inter-district transfer and also the length of service rendered by them and take appropriate decision as expeditiously as possible, however, within a period eight weeks from today.

7] The petition stands disposed of on the above terms.

8] Parties to act upon an authenticated copy of this order.

[SANGITRAO S. PATIL, J.] [S.S. SHINDE, J.] kbp