LAWS(BOM)-2025-6-15

KIRAN RAMESH SHINDE Vs. STATE OF MAHARASHTRA

Decided On June 23, 2025
Kiran Ramesh Shinde Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) WRIT PETITION NO.7830 OF 2024: By this Writ Petition under Article 226 of the Constitution of India, the Petitioner seeks a direction to permit him to continue working in the Labour Court, Kolhapur, and not be transferred to Industrial Court, Sangli as per the Order dtd. 24/5/2024.

(2.) The Petitioner was appointed as a peon in Labour Court, Kolhapur, following a due selection process, as per the Order dtd. 19/5/2010 issued by the Incharge Administrative Judge, Labour Court, Kolhapur. His service was regularised by an Order dtd. 15/9/2014. He was promoted to the post of Naik (Class IV Post) and further promoted to the post of Bailiff (Class III Post ) by an Order dtd. 17/10/2023.

(3.) The Petitioner is aggrieved by his transfer from Labour Court, Kolhapur, to the Industrial Court, Sangli by impugned Order of 24/5/2024. He contends that, he was not due for transfer as he has not completed five years of service as a Class III employee. He further asserts the personal grievances of the employees were disregarded during the transfer process, and the Government Resolution ("GR") dtd. 9/4/2018, which prescribes Guidelines for Transfer of Employees in various classes, was ignored. On 27/5/2024, he submitted a representation highlighting that he has served as a Bailiff for only seven months, which is below the mandatory five year period outlined in the GR. Consequently, he asserts that the transfer Order is illegal and should be revoked.