Shreekant Ganesh Paranjape v. State Of Maharashtra, Thr. Secretary, Dept. Of Medical Education And Research, Mumbai And Others

925wp 2817.2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition (WP) No. 2817/2021 Dr. Shreekant Ganesh Paranjape ..VS..

The State of Maharashtra and ors.

----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order__________________________________________________________ Shri N.R. Saboo, Advocate for the petitioner Miss. Nivedita P. Mehta, Assistant Government Pleader for the respondent nos. 1 to 3/State None for respondent no. 4 CORAM : A. S. CHANDURKAR AND SMT. M.S. JAWALKAR, J.J. DATED : 06/04/2022 Heard.

The challenge raised in the present writ petition is to the order of transfer of the petitioner dated 25.09.2020 passed by the respondent no. 1 by which the petitioner who was holding the post of Associate Professor at Government Medical College, Nagpur was transferred to the Government Medical, Chandrapur. The principal challenge raised by the petitioner was on the ground that the order of transfer was effected in middle of the term 2020-2021. The petitioner therefore approached the Maharashtra Administrative Tribunal, Nagpur (for short the "Tribunal") by filing Original Application No. 582/2020. This original application has been dismissed on 02.07.2021.

It is submitted that under protest the petitioner has joined his duties at the place of transfer. The learned Counsel for the petitioner submits that since Annual General Transfers are likely to take place shortly, the petitioner be permitted to make a representation to the competent authority against the order dated SMGate

925wp 2817.2021.odt 25.09.2020 praying for transfer at a suitable place. The request as made appears to be reasonable. If such application/representation is moved by the petitioner same shall be considered by the respondent no. 1 in accordance with prevailing transfer policy. In these circumstances, the order passed by the Tribunal in Original Application No. 582/2022 would not come in a way of the petitioner as well as the respondent no. 1 while undertaking the fresh adjudication.

In view of the aforesaid, the petitioner is permitted to make a representation within a period of ten days from today and the respondent no. 1 shall consider the same expeditiously while effecting Annual General Transfers for the year 2022-2023 in accordance with law.

With these directions, the writ petition is disposed of. No costs.

JUDGE JUDGE Digitally signed by SANDIP MAHADEV GATE Date:

2022.04.07 17:58:47 +0530 SANDIP MAHADEV GATE SMGate