SADARAM THAGANLAL TURKAR GONDIA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE. Respondents waive service. By consent, rule is made returnable forthwith.

(2.) THE petitioner was appointed as Village Development Officer in the Zilla Parishad, Bhandara. Initially the petitioner was posted at Panchayat Samiti Arjuni (Morgaon), District Bhandara. Thereafter he was transferred to Panchayat Samiti, Gondia with effect from 2-12-1991. On 18-11-1998 the petitioner was promoted as Extension Officer (Panchayat) and posted at Panchayat Samiti, Pauni, District Bhandara. Under the relevant Rules petitioners services were transferable within Bhandara District only. On 1-5-1999 Bhandara District was bifurcated into two districts namely Bhandara and Gondia. Accordingly Zilla Parishad of Bhandara was also bifurcated into two Zilla Parishads namely Bhandara Zilla Parishad and Gondia Zilla Parishad. In view of the bifurcation of the Zilla Parishad, options were called from the employees about their willingness to serve in the Zilla Parishad of their choice. Accordingly the petitioner gave his option for Gondia Zilla Parishad in the prescribed form. It appears that the power to effect such transfers was delegated to respondent No. 4-Commissioner, Nagpur Division Nagpur, who directed to effect such transfers immediately. The respondent No. 4 has specifically directed that the Rules of Inter District Transfers would not be applicable to such transfers of classes III and IV employees. The material portion of the order passed by the respondent No. 4 on translation reads as follows: in accordance with the above referred letter it is hereby informed that in case of such class 3 and class 4 employees who have filled in and submitted the option prior to the creation of Gondia District it is necessary to take action as per the option. For that, the Inter District Transfer Rules will not apply. Because, if such transfers are made then, the service seniority of those employees would be considered afresh. This will cause loss to those employees. "

(3.) THE State Government vide its letter dated 3-7-2000 informed the Chief Executive Officers of both Zilla Parishads i. e. Bhandara Zilla Parishad and Gondia Zilla Parishad that it had no objection to the transfer of 200 employees as per their choice. Paragraph 3 of the said letter dated 3-7-2000 on translation reads as under: 3. There is no objection to take from Gondia Zilla Parishad to Bhandara Zilla Parishad 200 employees of the same cadre instead of those 200 employees who are interested to go to the Gondia Zilla Parishad from the Bhandara Zilla Parishad, on the following criteria: 1) Bringing together of husband-wife 2) Service seniority. The condition of minimum 10 years of service is relaxed by the Government for the mutual Inter District Transfer of said 200 employees. 4. As regards the 12 employees who wished to come to Bhandara Zilla Parishad from Gondia Zilla Parishad but who had not got the employees for mutual transfer, it is hereby informed that the transfers of 12 employees from Gondia Zilla Parishad, who had not got the substitute, have been made as per the guidelines laid down by the Government. Therefore, if the posts from the concerned cadres are vacant in the Bhandara Zilla Parishad, then for sending such employees to Bhandara Zilla Parishad, they can be appointed on transfer. However, the Inter District Transfer Rules will be applicable for such transfers. Therefore, you are requested to take immediate action in this matter and to immediately submit to the Government the list of the employees transferred. "