Case Note & Summary
The petitioners, 32 teachers employed by the Zilla Parishad, Gadchiroli, filed a writ petition challenging their transfer orders issued by the Chief Executive Officer, Zilla Parishad, Gadchiroli. The transfers were made under the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961. The petitioners contended that the transfers were arbitrary, malafide, and in violation of the Government Resolution dated 15.06.2017, which laid down a transfer policy. They argued that the transfers were not in public interest but were punitive and without following the prescribed procedure. The respondents, including the State of Maharashtra and the Zilla Parishad, defended the transfers as administrative decisions taken in public interest. The court examined the relevant provisions of the Act and the Government Resolution. It found that the transfer orders did not comply with the statutory requirements and the policy. The court held that the transfers were illegal and arbitrary, and quashed them. The court also directed that the petitioners be allowed to continue at their original places of posting until further orders. The judgment emphasizes the need for adherence to statutory provisions and government policies in matters of transfer of employees.
Headnote
A) Service Law - Transfer - Statutory Compliance - Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 - Section 268 - The petitioners, teachers employed by Zilla Parishad, challenged their transfer orders as being in violation of the Act and the Government Resolution dated 15.06.2017. The court held that the transfers were made without following the statutory procedure and the policy, and thus were illegal and arbitrary. (Paras 1-10) B) Service Law - Transfer Policy - Government Resolution dated 15.06.2017 - The court examined the transfer policy and found that the impugned orders did not adhere to the criteria and procedure laid down therein. The transfers were quashed and set aside. (Paras 5-8) C) Administrative Law - Natural Justice - Right to be Heard - The court noted that the petitioners were not given any opportunity of hearing before the transfer orders were passed, which is a violation of principles of natural justice. (Para 9)
Issue of Consideration
Whether the transfer orders of the petitioners, who are teachers employed by the Zilla Parishad, Gadchiroli, are illegal and arbitrary, being in violation of the provisions of the Maharashtra Zilla Parishads and Panchayat Samitis Act and the Government Resolution dated 15.06.2017.
Final Decision
The court allowed the writ petition, quashed the transfer orders, and directed that the petitioners be allowed to continue at their original places of posting until further orders.
Law Points
- Transfer orders must comply with statutory provisions and government policy
- Transfer policy cannot be overridden by administrative orders
- Right to be heard before adverse transfer
- Judicial review of administrative action
