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Bombay High CourtWP/2927/2023disposed off

Smt. Nanda Dinkar Khanorkar v. The State Of Maharashtra,Thr. Secretary, Rural Dev. Dept. Mumbai

2023-05-03Hon'Ble Shri Justice A.S. Chandurkar,Hon'Ble Shri Justice M. W. Chandwani2 pages

1 WP2927-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 2927/2023 (NANDA DINKAR KHANORKAR VERSUS THE STATE OF MAHARASHTRA & ANOTHER) Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri A.C. Dharmadhikari with Shri A.N. Rangari, Advocate holding for Shri Amol Mardikar, counsel for the petitioner.

Shri A.A. Madiwale, Assistant Government Pleader for the respondent no.1. Shri S.V. Sohoni, counsel for the respondent no.2. CORAM : A. S. CHANDURKAR AND M.W. CHANDWANI , JJ.

D ATE : MAY 03 , 3 .

Notice on the writ petition is made returnable forthwith. Learned Assistant Government Pleader Shri A.A. Madiwale waives notice of hearing for the respondent no.1 and learned counsel Shri S.V. Sohoni waives notice of hearing for the respondent no.2.

2.

Pursuant to the judgment dated 11.04.2023 in Writ Petition No. 1560 of 2023 alongwith connected writ petitions [Liladhar Shamrao Pimpalshende & Others Versus The State of Maharashtra & Another], the petitioner has made a representation with the respondent no.2 on 17.04.2023. The apprehension of the petitioner is that though reference has been made to the Government Resolution dated 15.02.2018 to substantiate the stand that the petitioner is not liable to be transferred, it is submitted that the Committee appointed would only consider the Government Resolution dated 07.04.2021 while redressing the grievance of the petitioner. 3.

We find from the observations in paragraph 20 of the aforesaid judgment that the Committee is required to consider the grievances of the teachers within the framework of the Transfer Policy. By clarifying that the Committee shall consider all material which would fall within the Transfer Policy and decide the petitioner's representation dated 17.04.2023 within a period of ten days from today, leave is granted to the petitioner to place additional documents before the Committee for its consideration. These documents shall be placed within a period of two days from today. Till the representation is decided the order of transfer insofar as the petitioner is concerned shall not be implemented.

2 WP2927-23.odt 4.

The writ petition is disposed of in aforesaid terms. No costs. (M.W. CHANDWANI, J.) (A. S. CHANDURKAR, J.) APTE byROHIT DATTATRAYA APTE