Judgment dismissing two writ petitions challenging transfer orders. The Court held that the issue became academic as the employees had completed their tenure and were subsequently transferred again, declining to entertain the petitions accordingly.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE
WRIT PETITION NO. 2084 OF 2012
| The State of Maharashtra and others. | ... | Petitioners. |
|---|---|---|
| V/s. | ||
| Milind Jayantrao Nikam. | ... | Respondent. |
WITH
WRIT PETITION NO. 2108 OF 2012
| The State of Maharashtra and others. | ... | Petitioners. |
|---|---|---|
| V/s. | ||
| Devidas Popatrao Kulkarni. | ... | Respondent. |
P.G.Sawant, B-Panel AGP for the petitioners.
C.T.Chandratre for the respondents.
CORAM : NARESH H. PATIL AND RAVINDRA V. GHUGE, JJ.
DATED : 16th July 2014.
P.C. :
Mr.Milind Nikam, respondent in W.P.No.2084/2012 was transferred from Mumbai to Nanded and Mr.Devidas Kulkarni, respondent in W.P.No.2108/2012 was transferred from Nashik to Dound. The respondents in both these petitions had challenged the transfer orders before the Tribunal. The Tribunal allowed the original applications. In both these petitions, a contention was raised before the Tribunal that
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before computation of their normal tenure of six years there was no reason or exceptional circumstances made out by the State for transferring them. Both these employees were serving in Group-C category.
Sanjay Nanoskar, P.S..
1 issue framed by the court
Whether petitions challenging transfer orders of Group-C employees should be entertained when the matter has become academic?
The State of Maharashtra and others
Milind Jayantrao Nikam
Devidas Popatrao Kulkarni
NARESH H. PATIL
RAVINDRA V. GHUGE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
