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2023 Supreme(Bom) 527

MANGESH S. PATIL, S. G. CHAPALGAONKAR
Varsha Mahesh Ghughari – Appellant
Versus
State of Maharashtra, Through its Addl. Chief Secretary, Public Works Department – Respondent


Advocates Appeared:
For the Petitioner: Ms. Preeti R. Wankhede.
For the Respondents: Mr. A.S. Shinde – AGP, Ms. Suchita A. Dhongade.

JUDGMENT :

S.G. Chapalgaonkar, J.

1. The petitioner approaches this Court under Article 226 of the Constitution of India, challenging the order dated 13 January 2023 passed by the Maharashtra Administrative Tribunal in Original Application No. 1161 of 2022, by which mid-term and mid-tenure transfer order dated 28 December 2022 issued by respondent no. 1 – State of Maharashtra through its Addl. Chief Secretary has been confirmed.

2. The petitioner contends that she entered in the service of the Government of Maharashtra in its Public Works Department as an Assistant Engineer. Thereafter, she was promoted to the post of Executive Engineer and as such, posted at Public Works Department, Dhule, since 07 August 2020. Before the petitioner could complete her normal tenure of three years, as per provisions of Section 3(1) and 4(1) of the Transfers Act, by order dated 28 December 2022, she has been transferred to the post of Executive Engineer under the establishment of Dhule Municipal Corporation by way of mid-term and mid-tenure transfer. The petitioner challenged the said order before the Maharashtra Administrative Tribunal, bench at Aurangabad, by filing Original Application No. 1161 of 2

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