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2007 Supreme(Bom) 1176

D.Y.CHANDRACHUD, SWATANTER KUMAR
V. B. Gadekar – Appellant
Versus
Maharashtra Housing & Area Development Authority (MHADA) – Respondent


Advocates appeared:
Mr. S.K. TALSANIA, Sr. Adv., i/by Mr. K.P. ANILKUMAR, for the Petitioners.
Mr. A.A. KUMBHAKONI, Associate Advocate General, for the Respondents.

JUDGMENT

SWATANTERKUMAR,C.J.:- By this judgment, we shall dispose of the above three writ petitions as common issues arise for determination in all the writ petitions on somewhat similar facts. For the purpose of convenience, we would refer to the facts of Writ Petition (Lodging) No.1430 of 2007.

2. The petitioner joined the services of Maharashtra Housing and Area Development Authority, for short “MHADA” on 21st April, 1980. He was promoted to the rank of Deputy Engineer in the year 1989. He was then posted in the Vigilance Laboratory under the authority in Mumbai since 9th October, 2006, where he continues to work. Vide order dated 30th June, 2007, the petitioner has been transferred and posted at Nagpur in the office of the authority. The said order is at Exhibit-C which reads as under:

“By taking into consideration administrative interest, your transfer is being made in vacant post of Deputy Engineer in Nagpur Housing and Area Development Board in view of Government's above referred letter dated 30.06.2007. You immediately resume at the place of appointment. On your relieving, if you avoid resuming at the place of new appointment within prescribed period or proceeding on leave, di




















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