LAWS(BOM)-2009-11-32

KASHINATH JAIRAM SHETYE Vs. STATE OF GOA

Decided On November 30, 2009
KASHINATH JAIRAM SHETYE Appellant
V/S
STATE OF GOA Respondents

JUDGEMENT

(1.) HEARD learned Counsel for the respective parties. Rule, returnable forthwith. Mr. Talaulikar waives notice for the respondents. The matter is heard finally by consent.

(2.) THE petitioner has challenged the transfer order dated 12th/13th January, 2009, whereby he came to be transferred from the office of the Executive Engineer (Elect) Div. IX, Tivim, to the Office of the Sub-Divisional Engineer (Civil), Sub-Division III, Xeldem.

(3.) THE petitioner was appointed as a Junior Engineer (Civil)by Order No. CEE/estt-1-1-83 (JE) (C)/1815 dated 19. 9. 1991, as per the recommendations of the Departmental Selection Committee. In pursuance of the said appointment, the petitioner was posted in the office of the Executive Engineer (Elect.) Division I, Panaji. The petitioner continued to work in the Office of the Executive Engineer (Elect.) Division I, Panaji from 1991 till 1998. Thereafter, for the first time, the petitioner was transferred by transfer Order dated 23. 9. 1998 from the Office of Executive Engineer, Div. I, Panaji to Division XIII at Kadamba. Thereafter, the petitioner was transferred by order dated 6. 2. 2001 from Kadamba to Elect. Div. IX at Tivim in Bardez Taluka. In the year 2002, by Order dated 31. 10. 2002, the petitioner was transferred in Div. VI, Mapusa where he was deployed by order dated 31. 8. 2001 from Div. IX Tivim. By transfer order dated 19. 5. 2005, the petitioner was transferred from Div. VI, Mapusa to the O/o Exe. Engineer, Tivim. Thereafter, the impugned transfer orders came to be passed. Order dated 12. 1. 09 states that the petitioner is transferred from O/o the Executive Engineer (Civil), Div. XV, Patto Plaza, Panaji to O/o. Sub-Divisional Engineer (Civil), Sub-Div-III, Xeldem. However, in the said order, there was an error in column No. 3 in relation to the present place of working of the petitioner which was shown as O/o Exe. Engineer, Civil, Div. XV, Patto Plaza, Panaji, instead of O/o Exe. Engineer, Div. IX Tivim. The said mistake was corrected by issuing another Order dated 13. 1. 2009 in supersession of the earlier order correcting the said mistake in column No. 3.