Smt. Shobha D/O Zitruji Dodke v. State Of Maharashtra, Thr. Secretary, Dept. Of General Administration, Mumbai And Others

2023:BHC-NAG:15833-DB 52-WP-3847-23.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.

OF 20 Chitralekha @ Sindhy W/o Hiralal Meshram, Post Shankarpur, Tah. Wadsa Dist. Gadchiroli -vsState of Maharashtra, Thr. Secretary, Dept. of GAD, Mantralaya, Mumbai and ors. WITH WRIT PETITION NO.

OF 20 Gangadhar S/o Balaji Kore, Tah. Wadsa Dist. Gadchiroli -vsState of Maharashtra, Thr. Secretary, Dept. of GAD, Mantralaya, Mumbai and ors. WITH WRIT PETITION NO.

OF 20 Smt Sangeeta W/o Deepak Denge, Tah. Armori, Dist. Gadchiroli -vsState of Maharashtra, Thr. Secretary, Dept. of GAD, Mantralaya, Mumbai and ors. WITH WRIT PETITION NO.

OF 20 Smt Shobha D/o Zitruji Dodke, Tah. Armori, Dist. Gadchiroli -vsState of Maharashtra, Thr. Secretary, Dept. of GAD, Mantralaya, Mumbai and ors. ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------------ Shri V. S. Lokhande, Advocate for petitioners. Shri A. A. Madiwale, Assistant Government Pleader for respondent No.1. Shri M. L. Vairagade, Advocate for respondent Nos.2 and 3. CORAM : A. S. CHANDURKAR AND ABHAY J. MANTRI, JJ. DATE : October 30, 2023 P. C.

1.

It is submitted by the learned counsel appearing for the Zilla Parishad that against the order of transfer dated 31/05/2023, the remedy of filing an appeal under Rule 14 of the Maharashtra Zilla Parishads District Services (Discipline and Appeal), Rules 1964 is available.

2.

In view of aforesaid, the following order is passed : (a) The petitioners are at liberty to file appeal before the Divisional Commissioner, Nagpur under Rule 14 of the Maharashtra Zilla Parishads District Services (Discipline and Appeal), Rules 1964. (b) If such appeal is filed within a period of ten days from today, the

52-WP-3847-23.odt 2/2 same shall be entertained on merits without going into the question of delay as the present writ petitions were filed on 15/06/2023.

(c) The petitioners are at liberty to move an application for grant of interim relief. Till such application is considered, the ad-interim order dated 22/06/2023 shall continue to operate. It is clarified that this arrangement is without prejudice to the rights and contentions of the Zilla Parishad.

3.

Keeping all points raised open, the writ petitions are disposed of. No costs.

(Abhay J. Mantri, J.) (A. S. Chandurkar, J.) Asmita