SHRIKANT CHHABU MAHAJAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this writ petition under Article 226 of Constitution of india, two employees of Respondent No. 1 -State of Maharashtra working under Respondent no. 2 - Controller of Legal Metrology have challenged the order of transfer dated 24-5-2005 contending the same to be violative of their fundamental right under Article 14 and 16 of constitution of India and for a writ of mandamus requiring State Government to post them back to their original post i. e. as Assistant controller of Legal Metrology.

(2.) On 7-10-2006, while issuing rule in the matter, by speaking order, this Court granted interim relief and stayed the operation and effect of this transfer order. This interim relief was questioned by present Respondents by filing Special Leave Petition No. 677 of 2007 (Civil) before the Hon'ble Apex Court and the same has been disposed of on 6-2-2007 by the hon'ble Apex Court, requesting this Court to decide Writ Petition on its own merit preferably before 30-4-2007. Writ Petition accordingly was placed before us on 12-4-2007 and on that date at the request of learned AGP it came to be adjourned to 17-4-2007 and thereafter to 21-4-2007. Hearing in the matter commenced on 21-4-2007.

(3.) We have heard Shri. Madkholkar, learned counsel for the Petitioners and Smt. Dangre, learned Assistant Government Pleader for the Respondents.