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Bombay High Court

Bharti W/O Shaligram Chavhan vs The State Of Maharashtra, Thr. ... on 9 February, 2024

Author: Nitin W. Sambre

Bench: Nitin W. Sambre

           912-WP-943-24.odt                                                                                                      1/1


                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             NAGPUR BENCH, NAGPUR.

                                                    WRIT PETITION NO.943 OF 2024

                            Bharti w/o Shaligram Chavhan, Paratwada, Tal. Achalpur, Dist. Amravati
                                                                            -vs-
              State of Maharashtra, Thr. Secretary, Tribal Development Dept. Mantralaya, Mumbai and ors.
            ------------------------------------------------------------------------------------------------------------------------------------
           Office notes, Office Memoranda of
           Coram, appearances, Court's orders                                     Court's or Judge's Orders.
           or directions and the Registrar's orders.
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                             Shri P. J. Mehta, Advocate for petitioner.
                             Shri D. P. Thakare, Additional Government Pleader for respondent Nos.1 to 3.

                             CORAM : NITIN W. SAMBRE AND ABHAY J. MANTRI, JJ.

DATE : February 09, 2024

1. The challenge is to the order of transfer dated 29/01/2024 whereby the petitioner is transferred in the capacity of a teacher from Adiwasi Ashram School Pimpalkhuta to Adiwasi Ashram School Dharni.

2. The contentions are (a) it is a midterm transfer; (b) the petitioner shall face hardship as she was posted under Husband and Wife Consolidation Scheme; (c) petitioner has nine months old daughter.

3. In the aforesaid background when confronted, the learned counsel for the petitioner on instructions informs that if the petitioner is continued up to the end of current academic session, she is willing to join her place of transfer from the next academic session.

4. The aforesaid statement is accepted as an undertaking given by the petitioner.

5. Issue notice, returnable on 29/02/2024.

6. Learned Additional Government Pleader waives service of notice for respondent Nos.1 to 3.

7. In the meantime, in view of aforesaid undertaking and having regard to midterm transfer, there shall be ad interim stay to the order dated 29/01/2024 till commencement of the next academic session.

Signed by: Smt. Asmita A. Bhandakkar (Abhay J. Mantri, J.) (Nitin W. Sambre, J.) Designation: Asmita PS To Honourable Judge Date: 09/02/2024 18:33:09