Gajanan Bapuraoji Pote And Another v. The State Of Maharashtra, Through Secretary, Rural Development Department, Mumbai And Another
IN THE COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR WRIT PETITION NO. 4112/2019 (Shri Gajanan Bapuraoji Pote and another vs. The State of Maharashtra and another ) ................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders .............................................................................................................................................. Mr.G.G. Mishra, Adv. for petitioner/s Mr.S.Y.Deopujari, Government Pleader for Respondent no.1 CORAM : R.K. DESHPANDE & VINAY JOSHI, JJ.
DATED : 14th June, 2019.
Heard.
Challenge in this petition is to the revised policy for transfer framed by Government Resolution dated 28.5.2019. Further relief claimed is to implement the policy of transfer contained in earlier Government Resolution dated 27.2.2017.
It is urged that the options are not made available to petitioners. Reliance is placed upon the decisions of this Court rendered on 10.6.2019 in Writ Petition No.4499/2018 with other connected matters as well as the decision in Writ Petition No.4190/2018 delivered on 22.2. 2019.
We have gone through the said decisions in which it is clearly held that the respondents to adhere to the policy of transfer dated 27.7.2017. There was no challenge to the Government Resolution dated 28.5.2019. There is no reason to believe that the provisions of both
these Government Resolutions shall not be followed. At any rate, the Government Resolution dated 28.5.2019 provides remedy of an appeal before the Divisional Commissioner against the transfer made in violation of any of the clauses in such Government Resolutions. For the reasons stated above, we do not find any reason to interfere in this petition. The same is dismissed. The petitioners shall be at liberty to make any grievance against the order of transfer before the Divisional Commissioner.
All grounds raised in the petition are left open to be agitated before appropriate authority.
JUDGE JUDGE sahare