Case Note & Summary
The petitioner, Dattatraya Lalji Chormale, an Assistant Teacher working in Zilla Parishad, Jalna, filed a writ petition challenging the action of Respondent No.1 (State of Maharashtra) for not considering his claim for inter-district transfer while allegedly considering the case of a junior employee. The petitioner had applied online for inter-district transfer based on the Government Resolution dated 27th February 2017 and subsequent amendments. He made a representation but it was not taken note of. The Court, after hearing the petitioner's counsel, noted that the State Government is required to consider individual cases based on the transfer policy. The Court observed that after receipt of a transfer order, the petitioner is entitled to agitate the issue by representation/appeal before the Divisional Commissioner, who is the authority to deal with inter-district transfer issues. The Court disposed of the petition with liberty to the petitioner to approach the Divisional Commissioner after receipt of the transfer order. The petition was dismissed, rule discharged, and no costs were awarded.
Headnote
A) Service Law - Transfer - Inter-district Transfer - Government Resolution dated 27th February 2017 - Petitioner, an Assistant Teacher, challenged non-consideration of his online application for inter-district transfer and alleged that a junior employee's transfer was considered. The Court held that the State Government must consider individual cases based on the transfer policy and that the petitioner, after receipt of transfer order, may approach the Divisional Commissioner by way of representation/appeal. The petition was dismissed with liberty to approach the Divisional Commissioner. (Paras 2-4)
Issue of Consideration
Whether the petitioner's claim for inter-district transfer was wrongly not considered and whether the case of a junior employee was preferred over the petitioner.
Final Decision
Petition dismissed. Rule discharged. No costs. Petitioner granted liberty to approach the Divisional Commissioner after receipt of transfer order.
Law Points
- Transfer policy
- Government Resolution dated 27th February 2017
- Inter-district transfer
- Representation to Divisional Commissioner
