Case Note & Summary
The petitioner, Dr. Kirankumar S/o Laxmanrao Bondar, was a lecturer in Physics at Science College, Nanded, which is run by the Nanded Education Society. He was appointed on 01-08-2008 and was transferred by order dated 30-06-2015 to another college within Nanded city. The petitioner challenged this transfer, arguing that it violated the transfer policy and Government Resolution dated 15-06-2010, which stipulates a normal tenure of five years at one place. He contended that he had not completed five years at the time of transfer and that he was the only lecturer in Physics, so his transfer would affect students. The respondents argued that the petitioner had completed more than five years at Science College, Nanded, as he joined on 01-08-2008 and was transferred on 30-06-2015, which is nearly seven years. They also submitted that the transfer was within the same city and was a routine administrative decision. The court examined the Government Resolution and found that the normal tenure is five years, and the petitioner had indeed completed more than five years. The court held that the transfer was not in violation of the policy and that a government servant has no right to choose his place of posting. The petition was dismissed, and the transfer order was upheld.
Headnote
A) Service Law - Transfer Policy - Normal Tenure - The petitioner, a lecturer, was transferred after completing more than five years at one place, which is the normal tenure under the Government Resolution dated 15-06-2010. The court held that the transfer was not in violation of the policy as the petitioner had completed the normal tenure and the transfer was within the same city, causing no hardship. (Paras 4-6)
B) Service Law - Transfer - No Right to Choose Place of Posting - The court reiterated that a government servant has no right to choose his place of posting and that transfer is an incident of service. The petitioner's contention that he should not be transferred as he was the only lecturer in the subject was rejected as the transfer was within the same city. (Paras 5-6)
Issue of Consideration
Whether the transfer of the petitioner from Science College, Nanded to another college within the same city was in violation of the transfer policy and Government Resolution dated 15-06-2010.
Final Decision
The writ petition was dismissed. The transfer order dated 30-06-2015 was upheld. No order as to costs.
Law Points
- Transfer policy
- Government Resolution dated 15-06-2010
- Normal tenure
- Transfer after completion of tenure
- No right to choose place of posting
Case Details
2016 LawText (BOM) (06) 5
Writ Petition No. 2048 of 2015
S.S. Shinde, Sangitrao S. Patil
Mr. V.M. Chate for Petitioner, Mr. S.B. Yawalkar (AGP) for Respondent/State, Mr. Y.V. Kakade for Respondent No.4, Mr. S.V. Natu for Respondent No.5
Dr. Kirankumar S/o Laxmanrao Bondar
The State of Maharashtra through the Principal Secretary Higher and Technical Education Department, Mumbai; The Director of Higher Education, Maharashtra State, Pune; The Joint Director, Higher Education, Nanded Region, Nanded; The Swami Ramanand Teerth, Marathwada University Nanded; The Nanded Education Society's Science College, Nanded
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Nature of Litigation
Writ petition challenging transfer order of a lecturer in a government-aided college.
Remedy Sought
Petitioner sought quashing of transfer order dated 30-06-2015 and direction to allow him to continue at Science College, Nanded.
Filing Reason
Petitioner claimed that his transfer was in violation of the transfer policy and Government Resolution dated 15-06-2010, and that he was the only lecturer in Physics, causing hardship to students.
Issues
Whether the transfer of the petitioner was in violation of the transfer policy and Government Resolution dated 15-06-2010.
Whether the petitioner had completed the normal tenure of five years at the time of transfer.
Submissions/Arguments
Petitioner argued that he had not completed five years at Science College, Nanded, as he joined on 01-08-2008 and was transferred on 30-06-2015, which is less than five years if calculated from the date of joining. He also argued that he was the only lecturer in Physics and his transfer would affect students.
Respondents argued that the petitioner had completed more than five years at the college, as he joined on 01-08-2008 and was transferred on 30-06-2015, which is nearly seven years. They also submitted that the transfer was within the same city and was a routine administrative decision, and that the petitioner had no right to choose his place of posting.
Ratio Decidendi
A government servant has no right to choose his place of posting. Transfer is an incident of service. The petitioner had completed the normal tenure of five years at one place as per the Government Resolution dated 15-06-2010, and the transfer within the same city did not cause any hardship. Therefore, the transfer order was valid and not in violation of the policy.
Judgment Excerpts
The petitioner was appointed on 01-08-2008 and was transferred on 30-06-2015. Thus, he had completed more than five years at Science College, Nanded.
The Government Resolution dated 15-06-2010 provides that the normal tenure at one place is five years. The petitioner had completed the normal tenure.
A government servant has no right to choose his place of posting. Transfer is an incident of service.
Procedural History
The petitioner filed Writ Petition No. 2048 of 2015 before the High Court of Judicature at Bombay Bench at Aurangabad challenging the transfer order dated 30-06-2015. The petition was reserved on May 3, 2016, and pronounced on June 6, 2016.
