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2016 Supreme(Bom) 995

ANOOP V.MOHTA, G.S.KULKARNI
Vijaya – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Appellant : Mr. Ashwin Sakolkar
For the Respondent: Mr. Sanjeev J. Rairkar

JUDGMENT :

G. S. Kulkarni, J.

Rule, returnable forthwith. By consent of parties, heard finally.

2. The Petitioner, who is in the service of Zilla Parishad, Pune as a Pharmacist, has been transferred by an order dated 30 April 2016 annexed at page 25 of the paperbook from Primary Health Centre, Rahu, Taluka: Daund to the Primary Health Centre, Karla, taluka: Maval, District. Pune. The transfer order categorically records that the Petitioner should be relieved on 31 May 2016 after the office hours for enabling her to join at the transferred place and that the Petitioner should immediately join the post at Karla. Accordingly, the Petitioner, by her letter dated 31 May 2016 handed over the charge of her post at Rahu, taluka Daund. On 1 June 2016, the Petitioner reported at the transferred place. A letter to that effect is addressed to the Medical Officer, Primary Health Centre, Karla.

3. It appears that only because certain report of the Petitioner being relieved from Rahu was not received by the concerned Medical Officer at Karla, the Petitioner was not permitted to join and discharge her duties at the transferred posting. The Petitioner therefore addressed letter dated 1 June 2016 to the








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