Case Note & Summary
The petitioner, Ashok S/o Bhika Hirole, was serving as a Health Worker at the Primary Health Centre, Kurha, Taluka Muktainagar, District Jalgaon. He filed a writ petition challenging his transfer order dated 30-06-2015, which transferred him from Kurha to another place. The petitioner contended that he had not completed two years at his present place of posting and that the transfer was in violation of the Government Resolution dated 15-06-2013, which prescribes a minimum tenure of two years for employees unless there are exceptional circumstances. The respondents argued that the transfer was made in the public interest and that the petitioner had no right to a particular posting. The court examined the Government Resolution and found that it clearly mandates a minimum tenure of two years. The transfer order did not record any exceptional circumstances justifying the premature transfer. The court held that the transfer order was arbitrary and quashed it. The court directed the respondents to allow the petitioner to continue at his present place of posting until he completes two years there or until further orders in accordance with law. The writ petition was allowed with no order as to costs.
Headnote
A) Service Law - Transfer - Minimum Tenure - Government Resolution dated 15-06-2013 - The petitioner, a Health Worker, was transferred before completing two years at his posting, contrary to the Government Resolution which mandates a minimum tenure of two years unless exceptional circumstances exist. The court held that the transfer order was arbitrary and quashed it, directing the respondents to allow the petitioner to continue at his present place of posting until completion of two years or until further orders in accordance with law. (Paras 1-8) B) Service Law - Transfer - Judicial Review - Interference with Transfer Orders - The court reiterated that transfer orders can be interfered with if they violate statutory rules or government resolutions. In this case, the transfer order was set aside as it did not record any exceptional circumstances justifying the premature transfer. (Paras 5-8)
Issue of Consideration
Whether the transfer order of the petitioner, who had not completed two years at the present place of posting, is valid in light of the Government Resolution dated 15-06-2013 which prescribes a minimum tenure of two years.
Final Decision
The writ petition is allowed. The impugned transfer order dated 30-06-2015 is quashed and set aside. The respondents are directed to allow the petitioner to continue at his present place of posting i.e. Primary Health Centre, Kurha, Taluka Muktainagar, District Jalgaon, until he completes two years there or until further orders in accordance with law. Rule made absolute accordingly. No order as to costs.
Law Points
- Transfer order must comply with government resolution prescribing minimum tenure
- Transfer order without recording reasons for exceptional circumstances is arbitrary
- Government Resolution dated 15-06-2013 mandates minimum two-year posting
- Transfer order can be interfered with if it violates statutory rules or government resolutions
