Bombay High CourtWP/1364/2023disposed off

Martha Babu Shingare v. State Of Maharashtra Thr. Deputy Director Of Education, Amravati And Others

2024-01-19Hon'Ble Shri Justice Avinash G. Gharote,Hon'Ble Smt. Justice M. S. Jawalkar2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 1364 OF 2023 Martha Babu Shingare Vs.

State of Maharashtra through Deputy Director of Education, Amravati and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------- - - - - - Shri Z.Z. Haq, Advocate for the petitioner Ms R.V. Sharma, AGP for respondent No.1 Shri J.B. Kasat, Advocate for respondent No.2 Shri Zia Quazi, Advocate for respondent No. 3 CORAM : AVINASH G. GHARO TE AND SMT M.S. JAWALKAR, JJ.

DATE : 19.01.2024 Mr, Quazi, learned Counsel for the for respondent No. 3, upon instructions, makes a statement that the resolution dated 10/06/2016, which indicates transfer of the petitioner, indicates it incorrectly, as what been done was a fresh appointment. However, the resolution dated 10/06/2016 (page 25), indicates that it is a transfer. The order of appointment dated 10/06/2016 (pg 26), refers to the resolution dated 10/06/2016 and therefore the authorities were justified in treating the resolution on the basis of it. Since it is now contended that the petitioner was not transferred but appointed afresh, in another institution the respondent No. 3 will have to appropriately correct the resolution and send a fresh proposal, which the respondent No. 3 agrees to do, within a period of two

(2) 34 wp 1364-2023 weeks from today. In case such afresh proposal with a correct resolution is sent, the competent authority shall consider it and pass appropriate orders, within a period of four weeks from the date of receipt of such proposal. The petition is accordingly disposed of in the above terms. No costs.

JUDGE JUDGE Jayashree..