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Bombay High CourtWP/4720/2025disposed off

Dr. Anupam Mukherjee v. Union Of India Thr. The Secretary Ministry Of Health And Family Welfare And ORS

2025-04-07Hon'Ble Shri Justice M. M. Sathaye , Hon'Ble Shri Justice A.S. Chandurkar2 pages

Digitally signed by BHARAT DASHARATH PANDIT Date:

2025.04.08 11:30:39 +0530 BHARAT DASHARATH PANDIT 1 9 WP-4720-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4720 OF 2025 Dr. Anupam Mukherjee ....Petitioner.

V/s Union of India & Others .... Respondents.

Mr. Vicky Nagrani, Advocate for the Petitioner. Mr. A.V. Shinde, Advocate for Respondent Nos. 2 and 3. CORAM :

A. S. CHANDURKAR & M. M. SATHAYE, JJ.

DATE : 7th APRIL, 2025 P.C. :

1] The challenge raised in this writ petition is to the interim order dated 02/04/2025 passed by the Central Administrative Tribunal. In the Original Application preferred by the Petitioner, a challenge has been raised to the Order of transfer dated 12/02/2025. The Petitioner has been transferred as Scientist-D from ICMR-NITVAR, Pune to ICMR-NIV, Pune. The Tribunal considered the prayer for interim relief but held that no ground was made out to grant the same. 2] After hearing the learned counsel for the parties, we find that what is under challenge is the interim order. The Tribunal has directed completion of the pleadings within a short period to enable consideration of the Original Application.

BDP-SPS 1/2

2 9 WP-4720-25.doc 3] In light thereof, in our view, the interest of justice would be served by issuing the following directions :- (i) Pleadings in the form of reply and rejoinder to Original Application No.285 of 2025 shall be completed by 30/04/2025.

(ii) The Tribunal is requested to take up Original Application no.285 of 2025, preferably on 02/05/2025, or within 2 weeks thereafter, for final disposal. The proceedings be decided on its own merits and in accordance with law. The interim order dated 02/04/2025 would not come in the way of the Tribunal while deciding the proceedings finally.

4] With the aforesaid directions, the writ petition is disposed of 5] All concerned to act on the authenticated copy of this order. (M. M. SATHAYE, J.) (A. S. CHANDURKAR, J.) BDP-SPS 2/2