Bombay High CourtWP/4141/2015dispossed offdismiss for default

Keshao Pundlik Dakhole v. The State Of Maha. Through Its Deptt. Of Animal Husbandry Dairy Development And Fisheries, And 2 Ot

2016-03-04Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice V.M. Deshpande2 pages

0403wp4141.15 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

WRIT PETITION (wp) No. 4141 OF 2015 Keshao Pundlik Dakhole v.

State of Maharashtra & ors.

------------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Coram Courts's or Judge's orders appearances, Court's orders or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------------ Coram : B.P .Dharmadhikari and V.M.Deshpande, JJ.

Date : 04th MARCH, 2016.

Without prejudice to the contentions raised in the matter, Advocate Naik with Advocate Chitale, upon instructions, states that if request of petitioner for transfer to an existing vacancy either at Akola or at Warud is considered sympathetically, the petitioner will not press for adjudication on merits. He points out that the wife of petitioner is undergoing treatment at Nagpur for some ailment which necessitates attendance of petitioner also along with her at Nagpur.

Advocate Jibhkate, upon instructions, states that if such vacancy exists and appropriate request with necessary documents in support thereof is moved, at the

0403wp4141.15 time of effecting regular transfer in the month of April/May, 2016, the employer shall sympathetically look into the matter.

In this situation, keeping all the rival contentions open, we grant liberty to the petitioner to move an application with documents within two weeks from today. If such application is moved, respondent/employer shall proceed to consider the same in accordance with law in the background noted supra and find out whether petitioner can be transferred to the vacant post at the place or any of the places mentioned supra.

Accordingly, with the above directions, we dispose of the writ petition. No costs.

JUDGE JUDGE /TA/