Disposed

Prashant Dagdu Warkari v. the State of Maharashtra and Others

Bombay HC28 Aug 2018WP/7643/2018

Case brief

AI extract

What is this about?

The High Court of Bombay, Bench at Aurangabad, disposed of a writ petition regarding an undesirable posting. The court directed the State to consider the petitioner's transfer request pending a replacement at his current post to avoid vacancy.

What did the court decide?

Petitioner's case for transfer to consider only upon availability of a replacement at his current posting.

Prashant Dagdu Warkari Vs the State of… — Pension and Retirement Benefits | Bombay HC (2018)

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( 1 ) wp7643.18

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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 WRIT PETITION NO. 7643 OF 2018

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PRASHANT DAGDU WARKARI

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VERSUS

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THE STATE OF MAHARASHTRA AND OTHERS

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Mr.Sudhir K. Chavan, Advocate for the petitioner
Mr.A.V.Deshmukh, AGP for the respondent/State

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CORAM : S.V. GANGAPURWALA &
S.M.GAVHANE,JJ.
DATED :28.08.2018

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P.C. :-

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.The petitioner assails the order of posting
dated 19.06.2018 thereby posting the petitioner as a
Medical Officer, Public Health Centre, Soygaon.

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2.Learnedcounselsubmitsthatthe
qualification of the petitioner is M.D. (Community
Medicine). At the rural place more work load is
available to Gynecologist and Pediatric. The
petitioner is specialist and he ought not to be
posted in the rural hospital. The option of the
petitioner is required to be considered. Learned
counsel submits that one Dr.Bhise working as a
Medical Officer in the Police Hospital, Aurangabad
is transferred and thus the post is vacant.

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3.Mr. Deshmukh, learned AGP submits that
though Dr. Bhise is transferred but he is not yet
relieved and no other person has joined the said
post and if the petitioner is allowed to join in the
Police Hospital, Aurangabad then, the place where
the petitioner is given posting and presently
working would be vacant and residents of the said
locality will not get Medical aid. The petitioner
cannot choose his posting.

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4.We have considered the submissions of the
learned counsels.

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5.The affidavit has been filed by the Medical
Officer Class-1, Civil Hospital-respondent No.5
thereby stating that at the rural hospital more work
load is available for Gynecologist, Pediatric and
Anesthetist, rather than D.P.H. (Diploma in Public
Health). At present at rural hospital, Soygaon, no
specialist of stream of Gynecologist, Pediatric and
Anesthetist is available and two bonded candidates
are serving alongwith the petitioner. The
respondents accept that the qualification which the
petitioner possess would not be of much help to the

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residents in the rural village and one having
qualification of Gynecologist, Pediatric and
Anesthetist is preferable.

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6.Considering the above, we pass the
following order:

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ORDER

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I.Therespondentmayconsider

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petitioner's case for posting at the post that
would become vacant on Mr. Bhise being relieved
from Police Hospital, Aurangabad, however, only
after suitable candidate is available to be
posted at Public Health Centre in place of the
petitioner.

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II.With these observations, the writ
petition is disposed of.

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[S.M.GAVHANE,J.] [S.V. GANGAPURWALA,J.]

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VishalK/ wp7643.18

Prashant Dagdu Warkari v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Prashant Dagdu Warkari v. the State of Maharashtra and Others

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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