Case Note & Summary
The petitioner, Vyankatrao Savle, was appointed as a primary teacher with the Zilla Parishad, Nanded on 03-03-1992. His wife is also employed as a primary teacher at Anuja Bhosle Primary School, Degloor. In June 2008, the respondent Zilla Parishad transferred the petitioner to a place 150 km away from his residence at Degloor, contrary to the Zilla Parishad Class 3 and 4 Employees Inter District Transfer Rules framed under the Government Resolution dated 27-05-2009. The petitioner contended that under Rule 3(1) of the Transfer Rules, a married couple must be posted at the same place. He made a representation to the respondents but received no response. The petitioner filed a writ petition under Article 226 of the Constitution seeking quashing of the transfer order and a direction to post him at the same place as his wife. The respondents argued that the transfer was made in the interest of administration and that the petitioner had not challenged the transfer order earlier. The court, after hearing the parties, held that the transfer was contrary to the Transfer Rules. The court observed that the Rules require that a married couple be posted at the same place. The court directed the respondents to consider the petitioner's representation and pass appropriate orders in accordance with the Rules within four weeks. The writ petition was allowed in terms of the direction.
Headnote
A) Service Law - Transfer of Married Employees - Rule 3(1) of Zilla Parishad Class 3 and 4 Employees Inter District Transfer Rules, 2009 - The petitioner, a primary teacher, was transferred 150 km away from his wife's place of employment. The court held that the transfer violated the Transfer Rules which mandate that a married couple be posted at the same place. The court directed the respondents to consider the petitioner's representation and post him at a place where his wife is posted, in accordance with the Rules. (Paras 1-6) B) Constitutional Law - Writ Jurisdiction - Article 226 of Constitution of India - The court exercised its writ jurisdiction to quash the transfer order and direct the respondents to consider the petitioner's representation, as the transfer was contrary to the statutory Transfer Rules. (Paras 1-6)
Issue of Consideration
Whether the transfer of the petitioner, a primary teacher, to a place 150 km away from his wife's place of employment violates the Zilla Parishad Class 3 and 4 Employees Inter District Transfer Rules, 2009, which require that a married couple be posted at the same place.
Final Decision
The writ petition is allowed. The respondents are directed to consider the petitioner's representation and pass appropriate orders in accordance with the Zilla Parishad Class 3 and 4 Employees Inter District Transfer Rules, 2009, within four weeks from the date of the order.
Law Points
- Transfer of married couple employees must be to same place
- Rule 3(1) of Zilla Parishad Class 3 and 4 Employees Inter District Transfer Rules
- 2009
- Government Resolution dated 27-05-2009
- Schedule to GR
- Fundamental Rule 22
- Article 226 of Constitution of India
