HARESHWAR HIRAJI DESAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioners are Assistant Commissioners in the Food and Drugs Administration, Government of Maharashtra. The 1st petitioner Hareshwar Hiraji Desai joined the Food and Drugs Administration in 1962. Prior to 30th April, 1982 he was designated as a Chief Inspector. Under an order dated 30-4-1982 the 1st petitioner was posted as Assistant Commissioner in Greater Bombay.

(2.) The 2nd petitioner Sudhakar Gangadhar Pathak joined the Food and Drugs Administration in 1968. Prior to 30-4-1982 he was posted in Thane as a Chief Inspector. Under an order of 30-4-1982 the 2nd petitioner was transferred to Bombay and posted as an Assistant Commissioner. The 3rd petitioner Anil Shantaram Dani joined the Food and Drugs Administration in the year 1970. Prior to 30-4-1982 he was posted as a Chief Inspector in Bombay. Under an order to 30-4-1982 he was transferred to Bombay head quarters and posted as an Assistant Commissioner. Thereafter the petitioners were working as Assistant Commissioners in Food and Drugs Administration in Bombay. Respondents Nos. 3, 4 and 5 are also Assistant Commissioners in the Food and Drugs Administration. The 3rd respondent S.D. Patil was promoted as Assistant Commissioner some time in the year 1977. Prior to the order dated 30-4-1982 he was working as Assistant Commissioner in Bombay. Under the order dated 30-4-1982 he was transferred to Sangli as Assistant Commissioner. Respondent No. 3 however, did not report at Sangli, but made representations to the Government for being continued at Bombay or in any event for being transferred to a place in the vicinity of Bombay. His plea was accepted and he was transferred to Pen instead of Sangli. Respondent No. 4 S.M. Mali was transferred to Bombay as Assistant Commissioner in April 1977 and he was occupying the said post in Bombay prior to the Order dated 30-4-1982. Under the Order dated 30-4-1982 he was transferred to Aurangabad as Assistant Commissioner.

(3.) Respondent No. 5 P.R. Deshpande was promoted as Assistant Commissioner in June 1977 and was posted in Bombay. Prior to the Order dated 30-4-1982 he was working as Assistant Commissioner in Bombay. Under the order dated 30-4-1982 he was transferred to Yeotmal as Assistant Commissioner. He also made representations to the Government for being retained in Bombay or for a transfer to a place in the vicinity of Bombay or his native place. Accordingly his transfer to Yeotmal was cancelled and he was instead transferred to Jalgaon.