Petitioner challenged rejection of inter-District transfer from Zilla Parishad Nandurbar to Jalgaon. Court held petitioner did not meet five-year service requirement. Petitioner directed to seek relief from proper authority.
Writ petition disposed. Petitioner directed to make fresh representation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP 9490/16
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.9490/2016
Kishor S/o Suresh Chaudhari.
..Petitioner..
Versus
The State of Maharashtra & others.
..Respondents..
.....
Shri Amol Chalak,Advocate h/f S.B.Talekar, Advocate for
the Petitioner.
Ms.R.P.Gour, AGP for Respondent No.1.
Shri H.P.Kshirsagar, Advocate for Respondent No.3.
Shri P.V.Tapse Patil, Advocate for Respondent No.5
(Absent).
.....
CORAM: S.V. GANGAPURWALA &
K.L. WADANE, JJ.
DATE: 15.11.2016
ORDER :
1]Mr.Chalak, learned counsel for the petitioner states
that the petitioner had sought inter-District transfer
from Zilla Parishad, Nandurbar to Zilla Parishad,
Jalgaon. The same is not considered. The petitioner had
WP 9490/16
made out exceptional circumstances for transfer, which is
permissible as per proviso to Clause 7 of the Government
resolution dated 29.9.2011. The impugned communication
was also not issued by the Chief Executive Officer, but
is issued by the District Health Officer, who has no
authority.
2]The learned counsel for the Zilla Parishad, Jalgaon,
submits that the petitioner does not comply clauses of
the policy and as such is not entitled to benefits of the
same.
3]We have also heard the learned AGP.
4]The Government resolution dated 29.9.2011 lays down
that a person seeking inter-District transfer has to
complete five years service in a particular Zilla
Parishad and only those who have completed five years
continuous service, are entitled to claim inter-District
transfer. The petitioner has completed one and half
years. Proviso to Clause 7 relied upon by the petitioner
may not come to the aid of the petitioner. However, it
is for the petitioner to convince the authority.
5]Considering the above, the grievance of the
petitioner cannot be considered. The petitioner may make
WP 9490/16
representation with the respondent no.3 afresh, which may
be considered by the respondent no.3 on its own merits.
Writ petition is disposed of. No costs.
ndk/ c15111617.doc
2 issues framed by the court
Whether petitioner is entitled to inter-District transfer having completed only one and half years of service.
Whether the District Health Officer had authority to issue impugned transfer communication.
1 provisions across 1 enactments
Kishor S/o Suresh Chaudhari
The State of Maharashtra
Zilla Parishad, Jalgaon
District Health Officer
S.V. Gangapurwala
K.L. Wadane
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court