Case Note & Summary
The petitioners, Assistant Professors, were recruited by the State Government before their college became autonomous. Subsequently, the government transferred them to other colleges. The petitioners challenged the transfer, arguing that after the college gained autonomy, the government ceased to have administrative control over them, making the transfer ultra vires. The court framed two issues: whether the petitioners are government servants, and if so, whether the court should judicially review the transfer despite an alternative remedy. The court held that the petitioners, having been recruited before autonomy, remain government servants under the administrative control of the government. The transfer order was not ultra vires. Further, the court noted that the petitioners have an efficacious alternative remedy before the Maharashtra Administrative Tribunal. Consequently, the court dismissed the writ petitions, declining to interfere with the transfer orders.
Headnote
A) Service Law - Transfer - Judicial Review - Government Servants - The court examined whether Assistant Professors recruited before their college became autonomous are government servants and whether the transfer order is ultra vires - Held that the employees remain government servants and the transfer order is not ultra vires; the court declined to interfere due to availability of alternative remedy (Paras 1-4).
Issue of Consideration
Whether the transferred employees are government servants and whether the court can judicially review the transfer order despite availability of alternative remedy
Final Decision
Writ petitions dismissed; court declined to interfere with transfer orders, holding that petitioners are government servants and have alternative remedy before Maharashtra Administrative Tribunal
Law Points
- Judicial review of transfer orders is limited
- employees recruited before autonomy remain government servants
- alternative remedy of approaching Maharashtra Administrative Tribunal is available
