Disposed

Amruta Bhalchandra Jiwane W/O Dhiraj Vitthalrao Majgawli v. the State of Mah., Thr. Its Secretary, Rural Development and Water Conservation Department and 2

Bombay HC8 Jun 2018WP/3093/2018

Case brief

AI extract

What is this about?

Five writ challenges to a Government Resolution regarding transfer eligibility for government employees posted beyond and within 30 kilometers. The bench refrained from deciding the merits, ruling that no transfer orders had been received, and dismissed the petitions while keeping contentions open.

What did the court decide?

Present writ petitions disposed off with liberty to approach again if cause of action arises and keeping all contentions open. No costs.

Amruta Bhalchandra Jiwane W/O Dhiraj… — Pension and Retirement Benefits | 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

Amruta Bhalchandra Jiwane W/O Dhiraj Vitthalrao Majgawli v. the State of Mah., Thr. Its Secretary, Rural Development and Water Conservation Department and 2

Case brief

What is this about?

What did the court decide?

Amruta Bhalchandra Jiwane W/O Dhiraj Vitthalrao Majgawli v. the State of Mah., Thr. Its Secretary, Rural Development and Water Conservation Department and 2

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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