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 a year before his retirement, 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, joining at Yavatmal on 22.8.2005. The petitioner, a heart patient, contended that the transfer was arbitrary and against the transfer policy which prohibits transfers within one year of superannuation. The respondents argued that the transfer was in public interest and that the petitioner had no vested right to remain at a particular place. The court, after hearing both sides, found that the transfer was not in public interest and was contrary to the transfer policy. The court noted that the petitioner had only a few months left for retirement and that his medical condition required him to be near his family in Nagpur. The court quashed the transfer order and directed the respondents to allow the petitioner to continue at Nagpur until his superannuation, with all consequential benefits.
Headnote
A) Service Law - Transfer - Arbitrariness - Transfer of a government employee less than one year before superannuation is arbitrary and contrary to transfer policy - The court held that the transfer of the petitioner, a heart patient, from Nagpur to Yavatmal just before retirement was not in public interest and was set aside (Paras 1-5).
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 allow the petitioner to continue at Government Medical College, Nagpur until his superannuation on 31.7.2006, with all consequential benefits.
Law Points
- Transfer order challenged on grounds of arbitrariness
- proximity to superannuation
- medical condition
- and violation of transfer policy
Case Details
2006 LawText (BOM) (06) 123
Writ Petition No. 2640 of 2006
Mr. V.R. Thakur for Petitioner, Mrs. T.D. Khade, AGP for Respondents
Nilkanth s/o Ramji Akarte
State of Maharashtra, through its Secretary, Medical Education & Drugs Department, Mumbai; The Director, Medical Education & Research, Maharashtra State, Mumbai; The Dean, Shri Vasantrao Naik Government Medical College, Yavatmal
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Nature of Litigation
Writ petition challenging transfer order of a government employee
Remedy Sought
Petitioner sought quashing of transfer order and direction to allow him to continue at Nagpur until superannuation
Filing Reason
Petitioner was transferred less than one year before superannuation despite being a heart patient and contrary to transfer policy
Previous Decisions
Petitioner challenged transfer before Maharashtra Administrative Tribunal but did not get interim relief; thereafter filed writ petition
Issues
Whether the transfer of the petitioner, who is less than one year away from superannuation and suffering from a heart ailment, is arbitrary and liable to be quashed.
Submissions/Arguments
Petitioner argued that transfer was arbitrary, against transfer policy, and caused hardship due to his heart condition and proximity to retirement.
Respondents argued that transfer was in public interest and petitioner had no vested right to remain at a particular place.
Ratio Decidendi
A transfer order passed less than one year before superannuation, especially when the employee is suffering from a serious medical condition and the transfer is not in public interest, is arbitrary and liable to be set aside.
Judgment Excerpts
The petitioner was to be superannuated on 31.7.2006, however, just less than one year before his superannuation, he was transferred from Government Medical College, Nagpur, to Shri Vasantrao Naik Government Medical College, Yavatmal.
Since the petitioner had to live alone at Yavatmal and being a heart patient, the petitioner find it difficult to stay alone at Yavatmal.
The transfer of the petitioner is not in public interest and is contrary to the transfer policy.
Procedural History
Petitioner appointed on 17.3.1977, promoted on 25.7.1994, transferred on 11.8.2005, joined on 22.8.2005, challenged before Tribunal, then filed writ petition on 28.6.2006.
