Bombay High Court
PRANALI JAYANT SAWANTversusSTATE OF MAHARASHTRA TRROUGH PRINCIPAL SECRETARY
- Decided
- Disposal
- Disposed Off
Holding
The petition must be filed before the Maharashtra Administrative Tribunal; the High Court lacks jurisdiction to entertain the writ petition.
Summary
The petitioners, who are state government employees posted with District Consumer Disputes Redressal Commissions, filed a writ petition challenging a government resolution and a transfer order issued by the State Government. The petition was initially dismissed for want of prosecution, but was later restored upon the petitioners' counsel apologizing for the earlier absence. The Court observed that, in view of the Supreme Court’s decision in L. Chandra Kumar v. Union of India, the appropriate forum for the petitioners is the Maharashtra Administrative Tribunal. Consequently, the writ petition was disposed of, directing the petitioners to approach the Tribunal within two weeks, without prejudice to their substantive contentions. The interim order dated 27 February 2026 was ordered to continue for four weeks to enable the petitioners to file the appropriate proceedings, and no costs were awarded.
Issues considered
- Whether the High Court has jurisdiction to entertain the writ petition challenging the government resolution and transfer order.
- Whether the petitioners should approach the Maharashtra Administrative Tribunal as the appropriate forum under the L. Chandra Kumar judgment.
- Whether the petition can be considered on merits despite the earlier dismissal for want of prosecution.
Subjects
- jurisdiction
- administrative tribunal
- writ petition
- government employees
- transfer order
- Maharashtra Administrative Tribunal
- L. Chandra Kumar
- limitation
- restoration
Judgment
Digitally
12WP2829-26.DOC
signed by
PRASHANT
PRASHANT VILAS
VILAS RANE
RANE Date:
2026.06.23
13:40:17
+0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 2829 OF 2026
Pranali Jayant Sawant & Ors ...Petitioners
Versus
State of Maharashtra & Ors. ...Respondents
_______
None for the petitioners.
Later on Mr. Ajit Kenjale, for the Petitioners present.
Mr. V. G. Badgujar, AGP for the State.
Mr. Sachinam Misra with Ashutosh Mishra, for Respondent No.2.
_______
CORAM: G. S. KULKARNI &
AARTI SATHE, JJ.
DATE: 22 JUNE 2026
P.C.
1. None for the petitioners. It appears that the petitioner has lost interest to
prosecute the present proceedings.
2. Dismissed for want of prosecution.
Later on
3. Mr.Kenjale, learned Counsel appearing for the petitioners tenders apology
for his absence when the matter was called out earlier, and requested to restore this
petition.
4. Accordingly, the writ petition is restored to the file of this Court. We have
hence proceeded to hear the parties.
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P. V. Rane
12WP2829-26.DOC
5. Heard learned Counsel for the parties. The petitioners admittedly are the
employees of the State Government and posted with the District Consumer
Disputes Redressal Consumer Commissions. Not only the impugned Government
Resolution in question but also the impugned transfer order are issued by the State
Government.
6. In this view of the matter, considering the decision of the Constitution
Bench of the Supreme Court in L. Chandra Kumar vs Union Of India And Others 1
the appropriate remedy for the petitioners, is to approach the Maharashtra
Administrative Tribunal. The petition is accordingly disposed of. All contentions
of the parties are expressly kept open.
7. In the event appropriate proceedings are filed within two weeks from today,
the same be considered on merits, without an objection as to limitation,
considering that the petitioners were bonafide pursuing the present petition.
8. Disposed of. No costs.
9. Merely to enable the petitioners to approach the Maharashtra
Administrative Tribunal, for the period of four weeks, the ad-interim order dated
27 February 2026 passed by this Court shall continue to operate. However, such
continuation shall not be construed as an expression of any opinion on the merits
of the rival contentions.
(AARTI SATHE, J.) (G. S. KULKARNI, J.)
1 AIR 1997 SC 1125
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P. V. Rane
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