Bombay High CourtWP/3449/2013dispossed offdismiss for default

Dr. Jaya Kodate D/O Krishnamurthy v. R.T.M.N.U., Thr. Its Registrar, Nagpur And 5 Others

2017-02-17Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice V.M. Deshpande2 pages

WP3449-13 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 3449/2013 (DR.JAYA KODATE KRISHNAMURTHY VERSUS R.S.T.M. NAGPUR UNIVERSITY, NAGPUR & ORS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri C.R. Sharma, Advocate h/f Shri S.P. Bhandarkar, counsel for the petitioner.

Shri K.L. Dharmadhikari, A.G.P. for the R-2.

Shri Abhay Sambre, counsel for the R-3 & 5.

CORAM : SMT. VASANTI A NAIK AND V.M. DESHPANDE, JJ.

DATE : FEBRUARY 17 , 2017.

By this writ petition, the petitioner challenges the order of the respondent-Education Society transferring the petitioner, who is an Assistant/Associate Professor in Geology from the college of the society at Nagpur to the college of the society at Amravati.

The writ petition was filed in the year 2013 and it is stated that an order of status quo was passed. It is, however, stated on behalf of the respondent-Society that the petitioner was already relieved from Nagpur and, hence, the status quo order was not helpful to the petitioner. Now, it is brought to the notice of the Court by the learned counsel for the petitioner that the petitioner met with an accident and is in coma for the past one and half year.

In the aforesaid set of facts when the petitioner was relieved from Nagpur college at the relevant time in the year 2013 and the petitioner is in coma for the past one and half year, it would not be proper to keep this writ petition

WP3449-13 pending, specially when, by the prayer made in the petition, a transfer order is challenged and it is not a case where an employee has challenged the order of dismissal, reversion, etc.

Hence, by keeping the points raised in the petition open, with a hope that the respondent-Society would consider the request of the petitioner to work in the Nagpur college after the petitioner is well and is fit for attending the duties in the college, the writ petition is disposed of with no order as to costs.

JUDGE JUDGE APTE