Rukmini D/O Mirakar Pendor W/O Parmanand Hiraman Tiranik v. State of Maha. Thr. Secretary, Rural Development and Water Conservation Dept., Mumbai and Others

Bombay HC8 Jun 2018WP/3091/2018

Case brief

AI extract

What is this about?

Writ petition challenging a Government Resolution regarding employee transfers based on spousal posting distance. The court found no transfer orders had been received by the petitioners, thus declining to examine the issue hypothetically and disposed of the petitions without costs.

What the court decided

AI extract

Rukmini D/O Mirakar Pendor W/O Parmanand Hiraman… — Service and Employment | Bombay HC (2018)

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1 wp3089.2018+

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

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WRIT PETITION NO. 3089/2018

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(Yogini d/o Lalitji Dighore vs. State of Maharashtra & ors. )

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WITH

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WRIT PETITION NO. 3090/2018

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(Asha d/o Kashinath Gaykwad vs. State of Maharashtra & ors. )

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WITH

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WRIT PETITION NO. 3091/2018

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(Rukhmini d/o Mirakar Pendor vs. State of Maharashtra & ors. )

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WITH WRIT PETITION NO. 3092/2018

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(Sharda S/o Bhagwan Bramhe vs. State of Maharashtra & ors. ) WITH WRIT PETITION NO. 3093/2018

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(Amruta Bhalchandra Jiwane vs. State of Maharashtra & ors. )

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WITH WRIT PETITION NO. 3094/2018

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(Sharda D/o Narayan Gurle vs. State of Maharashtra & ors. )

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WITH WRIT PETITION NO. 3095/2018

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(Viplavi Murarao Lande vs. State of Maharashtra & ors. )

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WITH WRIT PETITION NO. 3096/2018

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(Vandana D/o Govinda Bodhe vs. State of Maharashtra & ors. )

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WITH

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WRIT PETITION NO. 3097/2018

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(Vaishali W/o Atmaram Deshmukh vs. State of Maharashtra & ors. )

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WITH

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WRIT PETITION NO. 3098/2018

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( Savita Yogeshwar Nagose vs. State of Maharashtra & ors. )

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Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions and Registrar's orders

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Court's or Judge's orders

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Shri V.N. Morande, Advocate for the petitioner in all petitions.

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Shri S.Y. Deopujari, Addl. GP for the respondent no. 1 in all petitions.

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CORAM : B.P. DHARMADHIKARI AND Z.A.HAQ, JJ. DATED : 08/06/2018

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1] Submission is, by treating husband and wife posted beyond 30 kilometers as an eligible class for transfer, the Government Resolution dated 27/02/2017 creates hostile discrimination qua the couples already posted within 30 kilometers.

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2 wp3089.2018+

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2] During arguments, we find as it no transfer orders are received by petitioners or their spouses.

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3] Hence, we are not inclined to examine the issue hypothetically. After transfer orders are served, the place of postings of husband and wife would become clear and then challenges can surface.

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4] With liberty to petitioners to approach again if any cause of action arises in their favour and keeping all contentions open, we dispose of present writ petitions. No costs.

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JUDGE JUDGE

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Ansari

Rukmini D/O Mirakar Pendor W/O Parmanand Hiraman Tiranik v. State of Maha. Thr. Secretary, Rural Development and Water Conservation Dept., Mumbai and Others

Case brief

What is this about?

What the court decided

Rukmini D/O Mirakar Pendor W/O Parmanand Hiraman Tiranik v. State of Maha. Thr. Secretary, Rural Development and Water Conservation Dept., Mumbai and Others

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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