Case Note & Summary
The petitioner, Sanjay Shankar Shedge, working as Extension Officer (Statistics) with Raigad Zilla Parishad, challenged his transfer order dated 19-05-2017 transferring him from Roha to Murud. He contended that he had not completed the normal tenure of 10 years at one place as per the transfer policy, having served only 7 years and 11 months, and that no reasons were assigned for the premature transfer. The respondents justified the transfer stating that out of 37 sanctioned posts in the cadre, 17 were allotted to ICDS, and the post at Murud had remained vacant for over a year. The petitioner was at serial No.3 in the cadre survey, and two senior officers were about to retire. The Government decision dated 15-05-2014 required filling the vacant post. The court held that transfer is an incident of service and can be made in administrative exigency. The impugned order was justified as the vacant post at Murud required filling due to hilly region and ICDS activities. The petition was dismissed.
Headnote
A) Service Law - Transfer - Normal Tenure - Transfer Policy - Petitioner challenged transfer order dated 19-05-2017 transferring him from Roha to Murud before completing 10 years of posting - Court held that transfer is an incident of service and can be made in administrative exigency - The impugned order was justified as the vacant post at Murud required filling due to hilly region and ICDS activities - Petition dismissed (Paras 1-4).
Issue of Consideration
Whether the transfer of the petitioner prior to completion of his normal tenure of 10 years is valid and not in violation of the transfer policy.
Final Decision
The petition is dismissed. The impugned transfer order is upheld.
Law Points
- Transfer policy
- normal tenure
- administrative exigency
- public interest
- judicial review of transfer orders
Case Details
2017 LawText (BOM) (06) 28
WRIT PETITION NO. 6286 OF 2017
SHANTANU S. KEMKAR, M.S. SONAK
Mr.Avinash K. Jalisatgi a/w. Mr.Amol B. Desai i/b Ratnesh R Mishra for the Petitioner, Mr.C.G. Gavnekar for Respondent No. 2, Mr.P.P. More, AGP for Respondent No.3State
Raigad Zilla Parishad Alibaug And Ors.
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India challenging a transfer order.
Remedy Sought
Petitioner sought quashing of transfer order dated 19-05-2017 transferring him from Roha to Murud.
Filing Reason
Petitioner claimed transfer was in violation of transfer policy as he had not completed normal tenure of 10 years.
Issues
Whether the transfer order dated 19-05-2017 transferring the petitioner from Roha to Murud is valid and not in violation of the transfer policy.
Submissions/Arguments
Petitioner argued that he had not completed the normal tenure of 10 years at one place as per transfer policy, having served only 7 years and 11 months, and no reasons were assigned for premature transfer.
Respondents argued that the transfer was justified as the post at Murud had remained vacant for over a year, the petitioner was at serial No.3 in cadre survey, and two senior officers were about to retire; the Government decision dated 15-05-2014 required filling the vacant post.
Ratio Decidendi
Transfer is an incident of service and can be made in administrative exigency. The impugned order was justified as the vacant post at Murud required filling due to hilly region and ICDS activities.
Judgment Excerpts
By filing this petition under Article 226 of the Constitution of India the petitioner who is working on the post of Extension Officer (Statistic) has challenged the order dated 19052017 by which he has been transfered from Roha to Murud.
The respondents have filed reply and have justified the action of the transfer of the petitioner.
The petition is dismissed.
Procedural History
The petitioner filed a writ petition under Article 226 of the Constitution of India challenging the transfer order dated 19-05-2017. The respondents filed a reply justifying the transfer. The court heard the matter and dismissed the petition on 29-06-2017.
Acts & Sections
- Constitution of India: Article 226
