Case Note & Summary
The petitioner, Jitendra Manohar Jadhav, a Laboratory Technician working at Rural Hospital, Amalner, District Jalgaon, challenged his transfer order dated 30.05.2015 issued by the Director of Health Services, transferring him to District Hospital, Nandurbar on administrative grounds. The petitioner had been posted at Amalner since 01.06.2011 on his own request and was entitled under the Maharashtra Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act, 2005 to continue at the station for two consecutive tenures of three years each, i.e., until May 2017. The transfer order was served on him on 08.07.2015. The petitioner filed Original Application No.440 of 2015 before the Administrative Tribunal, which was dismissed on 25.08.2015. Aggrieved, he filed the present writ petition. The main legal issue was whether the transfer order violated the statutory tenure provisions. The petitioner argued that the transfer was premature and without justification, while the respondents contended that it was on administrative grounds and in public interest. The court analyzed the provisions of the Transfer Act, 2005, and found that the petitioner had not completed even one full tenure of three years. The court held that the transfer order was issued in violation of the Act and quashed both the transfer order and the Tribunal's decision, allowing the petition.
Headnote
A) Service Law - Transfer - Minimum Tenure - Maharashtra Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act, 2005, Sections 3, 4 - Petitioner, a Group-C employee, was transferred before completing his minimum tenure of two consecutive terms of three years each - Court held that the transfer order was issued in violation of the statutory provisions and quashed the same - Held that the transfer order was not justified on administrative grounds (Paras 1-10).
Issue of Consideration
Whether the impugned transfer order dated 30.05.2015 transferring the petitioner before completion of his minimum tenure under the Maharashtra Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act, 2005 is legal and valid.
Final Decision
The writ petition is allowed. The impugned order of transfer dated 30.05.2015 and the decision of the Administrative Tribunal dated 25.08.2015 are quashed and set aside.
Law Points
- Transfer order must comply with statutory tenure provisions
- Administrative Tribunal must consider all relevant factors
- Transfer on administrative ground requires justification
- Petitioner entitled to continue at station for two consecutive tenures of three years each under Transfer Act 2005
Case Details
2016 LawText (BOM) (03) 17
WRIT PETITION NO.9206 OF 2015
Mr. Ajay S. Deshpande, Mr. A.G.Magare
The State of Maharashtra, The Deputy Director of Health Services, The Director of Health Service
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition challenging transfer order and decision of Administrative Tribunal
Remedy Sought
Quashing of transfer order dated 30.05.2015 and decision of Administrative Tribunal dated 25.08.2015
Filing Reason
Petitioner was transferred before completion of his minimum tenure under the Transfer Act, 2005
Previous Decisions
Administrative Tribunal dismissed Original Application No.440 of 2015 on 25.08.2015
Issues
Whether the transfer order dated 30.05.2015 violates the provisions of the Maharashtra Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act, 2005
Whether the Administrative Tribunal erred in dismissing the Original Application
Submissions/Arguments
Petitioner argued that he was entitled to continue at Amalner till May 2017 as per the Transfer Act, 2005, and the transfer was premature and without justification
Respondents argued that the transfer was on administrative grounds and in public interest
Ratio Decidendi
A transfer order that violates the statutory minimum tenure provisions under the Maharashtra Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act, 2005 is illegal and liable to be quashed. The administrative ground must be justified and cannot override the statutory right of the employee to complete the prescribed tenure.
Judgment Excerpts
This Petition takes exception to the decision rendered by the Administrative Tribunal, dated 25.08.2015 in Original Application No.440 of 2015 at Exhibit-E, and also, to the impugned order of transfer dated 30.05.2015 at Exhibit-B issued by respondent no.3, thereby transferring the petitioner from Rural Hospital, Amalner, Dist. Jalgaon to District Hospital, Nandurbar, on administrative ground.
It is the case of the petitioner that, the petitioner came to be posted at Amalner in Rural Hospital in Jalgaon District on his own request. The petitioner is working as Laboratory Technician in Rural Hospital, Amalner, from 01.06.2011. Being a Group-C Government Servant, as per the provisions of the Transfer Act, 2005, he is entitled to continue at a station for two consecutive tenures of three years each.
Procedural History
Petitioner filed Original Application No.440 of 2015 before the Administrative Tribunal challenging the transfer order dated 30.05.2015. The Tribunal dismissed the application on 25.08.2015. Aggrieved, the petitioner filed the present writ petition before the High Court.
Acts & Sections
- Maharashtra Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act, 2005: Sections 3, 4
