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2017 Supreme(Bom) 1125

T.V.NALAWADE, SANGITRAO S.PATIL
Satish Janardhan Sakhare – Appellant
Versus
State of Maharashtra, through its Principal Secretary, Higher and Technical Education Department – Respondent


Advocates Appeared:
For the Petitioner: Mr. A.C. Deshpande.
For the Respondents: Mr. S.B. Joshi and Mr. D.J. Choudhari.

JUDGMENT :

T.V. Nalawade, J.

1. Rule, made returnable forthwith. With the consent of the learned Counsels for the parties, heard finally.

2. This petition is filed for challenging the impugned communication/order issued by respondent no. 3 on 17.02.2016 (by mistake, in prayer clause, the date of the communication is shown as 29.09.2015), thereby refusing to grant approval to the transfer of the petitioner

3. The petitioner was working as a Clerk with respondent no. 6 College. Due to the order of transfer issued by the Institutions, he came to be transferred to respondent no. 7 College. A proposal was forwarded by the Institutions on 03.12.2016 seeking approval to the transfer of the petitioner, but it was turned down by respondent no. 3 for the reasons that prior sanction for the transfer was not obtained and the transfer is midterm.

4. The learned Counsel for the petitioner and the learned Counsel for respondent nos. 5 to 7-Institutions invite our attention to Rule 41 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 ("the Rules" for short), which reads as under :

41. Transfers.

(1) Subject to the provisions of this rule the Management conducting more th


















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