Case Note & Summary
The petitioner, Nilkanth s/o Ramji Akarte, was appointed as Lecturer in Biochemistry at Government Medical College, Nagpur on 17.3.1977 and promoted to Professor on 25.7.1994. He was due to superannuate on 31.7.2006. However, less than one year before his superannuation, he was transferred to Shri Vasantrao Naik Government Medical College, Yavatmal. The petitioner challenged the transfer order before the Maharashtra Administrative Tribunal but failed to obtain interim relief, and was relieved from Nagpur on 11.8.2005. He joined at Yavatmal on 22.8.2005. The petitioner contended that being a heart patient and having to live alone at Yavatmal, the transfer was arbitrary. The respondents argued that the transfer was in public interest and the petitioner had already joined. The court held that the transfer, being just less than one year before superannuation and given the petitioner's health condition, was arbitrary and not in consonance with the transfer policy. The court quashed the transfer order and directed the respondents to permit the petitioner to continue at Nagpur till his superannuation.
Headnote
A) Service Law - Transfer - Arbitrariness - Transfer of employee less than one year before superannuation - The petitioner, a Professor in Biochemistry, was transferred from Nagpur to Yavatmal just less than one year before his superannuation. The court held that such a transfer, especially when the employee is a heart patient and has to live alone, is arbitrary and not in consonance with the transfer policy. (Paras 2-4) B) Service Law - Transfer - Health Grounds - Consideration of medical condition - The petitioner's heart ailment and the need to live alone at the transferred place were considered valid grounds to set aside the transfer. The court directed the respondents to permit the petitioner to continue at Nagpur till his superannuation. (Paras 3-4)
Issue of Consideration
Whether the transfer of a government employee, who is less than one year away from superannuation and suffering from a heart ailment, is arbitrary and liable to be quashed
Final Decision
The court allowed the writ petition, quashed the transfer order dated 11.8.2005, and directed the respondents to permit the petitioner to continue at Government Medical College, Nagpur till his superannuation on 31.7.2006.
Law Points
- Transfer order challenged on grounds of arbitrariness
- proximity to superannuation
- health condition
- and violation of transfer policy
