Damodar S/O Rajaram Dahale And Others v. State Of Maha. Thr. Principal Secretary, Deptt. Of Rural Development And Water Conservation And ORS

12.12.wp.2929.17

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 2929/2017 (Damodar Rajaram Dahale and others vs. The State of Maharashtra and others ) .......................................................... ............................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders .............................................................................................................................................. Mr. R.B. Dhore, Adv. for petitioners CORAM : B.P. DHARMADHIKARI & MRS. SWAPNA JOSHI, JJ.

DATED : 12th December, 2017.

1.

We find that petitioners have been transferred on Inter-District transfer from other Zilla Parishads to Bhandara Zilla Parishad. They have reported to duties and have been permitted to join at Bhandara Zilla Parishad and posted at various places. 2.

Now, by impugned order, a fault in the process has been found and, therefore, petitioners are asked to go back to their parent/earlier Zilla Parishad. This Court has, on 12th May 2017, granted ad-interim relief which continues to operate even today. With the result, petitioners are not relieved and are working under Zilla Parishad, Bhandara.

3.

The respondent no.3-Zilla Parishad, Bhandara has not filed any reply and Adv.Verma appearing for said Zilla Parishad submits that identical controversy is disposed of by this Court on 31.7.2017 while deciding Writ Petition No.3065/2017. 4.

Learned AGP for respondent nos.1 and 2 is still

12.12.wp.2929.17 awaiting instructions. S/Shri Meghe, Kapgate, Kasat, Jaipurkar learned counsel appearing for respective Zilla Parishads are seeking time as instructions are still awaited. 5.

It is apparent that controversy is covered by orders dated 31.7.2017 in Writ Petition No.3065/2017. Following that order, on 7th August 2017, this Court has also disposed of Writ Petition No. 3469/2017 and other connected matters. 6.

Accordingly, for reasons recorded in order dated 31.7.2017 supra, we quash and set aside the order dated 3.15.2017 at Annexure "H" and permit respondents to take appropriate action as per law in respect of petitioners. 7.

With these directions and liberty, we partly allow Writ Petition and dispose it of. No costs.

JUDGE JUDGE sahare