Writ petition challenging Zilla Parishad's order transferring/absorbing petitioner to Dulara despite seniority claims dismissed. Court held order valid as petitioner had selected the location and joined without protest.
No order as to costs.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.
WRIT PETITION No. 2953/2014.
Ravindra Sitaramji Gadge
VERSUS
The Chief Executive Officer, Zilla Parishad, Nagpur and others.
Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders.
Ms. Kirti Satpute, Advocate for the Petitioner. Ms. P.D. Rane, A.G.P. for the Respondent No.2. Shri Sk. Majid, Advocate for Respondent Nos. 1,3 to 5.
CORAM : SMT. VASANTI A NAIK & P.R. BORA, JJ.
DATED : OCTOBER 08, 2014.
Heard.
By this petition, the petitioner challenges
the order of the respondent – Zilla Parishad, dated
15.05.2014, transferring/ absorbing the petitioner at Dulara in Panchayat Samiti, Ramtek.
According to the petitioner, the petitioner
could not have been asked to work at Dulara in
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Panchayat Samiti, Ramtek as the petitioner was 38th in the seniority list and in view of the Government resolution dated 18.05.2011 the teachers who were above the petitioner in the seniority list ought to have been transferred/absorbed. It is submitted that before absorbing the petitioner in the school at Dulara in Panchayat Samiti, Ramtek the approval of the Deputy Director was not sought.
The learned Counsel appearing on behalf of the respondent Zilla Parishad states that the petition is liable to be dismissed as during counselling the petitioner had agreed to work at Dulara in Panchayat Samiti, Ramtek. It is stated that infact the petitioner had chosen Dulara in Panchayat Samiti, Ramtek for her absorption. A certificate signed by the petitioner to the aforesaid effect is filed along with the affidavit in reply filed by the Zilla Parishad.
On a perusal of the affidavit in reply and the certificate annexed thereto, it appears that the petitioner was aware of the vacancies in the various Panchayat Samities and the petitioner selected Dulara
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in Panchayat Samiti, Ramtek for her transfer/ absorption. The petitioner had agreed to immediately join at Dulara in Panchayat Samiti, Ramtek. Since by the impugned order the petitioner is absorbed in Dulara in Panchayat Samiti, Ramtek and since the petitioner had agreed to work at Dulara in Panchayat Samiti, Ramtek during counselling and had also given a certificate to that effect, the petitioner cannot challenge the order of absorption. It is also noteworthy that the petitioner has joined at Dulara in Panchayat Samiti, Ramtek without protest.
In view of the aforesaid, the Writ Petition is dismissed with no order as to costs.
JUDGE JUDGE Rgd
2 issues framed by the court
Whether a transfer/absorption order is maintainable when the petitioner earlier selected and agreed to the location during counselling.
Whether the non-adherence to seniority list validity makes the absorption order bad in law.
Ravindra Sitaramji Gadge
The Chief Executive Officer, Zilla Parishad, Nagpur
Vasanti A Naik
P.R. Bora
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
