COMMISSIONER,STATE EXCISE DEPARTMENT Vs. DATTATRAY REKHU RATHOD

JUDGEMENT

(1.) The respondent (hereafter "Rathod", for short) is a police constable attached to the Jail Department. Rathod has a minor son who, unfortunately, is sufering from a heart ailment. J.J.Hospital, Mumbai has certifed that the child requires clean and pollution-free environment to grow up. In view of such report, Rathod had prayed for transfer from the Jail Department to the State Excise Department. The Commissioner, State Excise Department spurned his request by an order dated 16th August 2019.

(2.) Rathod challenged the said order before the Maharashtra Administrative Tribunal in O.A. No.259 of 2019, being an application under Section 19 of the Administrative Tribunals Act, 1985. The case run in the said application was that Rathod had fulflled the terms and conditions specifed in Government Resolution dated

(3.) rd June 2011 for an inter-departmental transfer and, therefore, was entitled to claim transfer to the State Excise Department. Upon hearing the parties, the Tribunal allowed the application of Rathod by a judgment dated 9 th August 2019. The Commissioner, State Excise Department was directed to accommodate Rathod in the State Excise Department on the post of Constable in terms of Government Resolution dated 3rd June 2011 and to issue appropriate order posting him in either of the three districts, namely Solapur, Osmanabad or Pune, subject to availability of vacancy. If vacancy were not available, he could posted anywhere in the State as per the requirement of the department. 3. At paragraph 9 of the judgment of the tribunal, it is recorded as follows :