KISHOR SHRIDHARRAO MHASKE Vs. MAHARASHTRA OBC FINANCE

JUDGEMENT

(1.) Rule. Heard by consent finally. Perused affidavits on record.

(2.) The petitioner has questioned legality of the impugned transfer order dated 30-05-2012 passed by the respondent no. 1, Maharashtra OBC Finance & Development Corporation, a Government Sector Organization established with an object of upliftment of Other Backward Community by promoting the self-employment, having its office at Mumbai.

(3.) It is case of the Petitioner that he was posted as Clerk with effect from 03-01-2000 with the Respondent no. 1. Initially his services were temporary but due to his good track record the services were made permanent. He was promoted with effect from 01-12-2003 as Accountant and also promoted as District Manager with effect from 01-07-2005. On 30-05-2011 by letter dated 30-05-2012, he was transferred to the office of the District Manager, Mumbai as then District Manager Smt V.V. Kesarkar was retiring and the post was falling vacant. But surprisingly and hastily, when the Petitioner never wanted it, the Petitioner was transferred to District Raigad in contravention of the provisions of the Maharashtra Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official duties Act, 2005. (Hereinafter referred as "Act"). It is contention of the Petitioner that no prior approval was obtained from the competent authority as prescribed under section 6 of the Act before decision was taken nor there was any sufficient reason to transfer the Petitioner. The petitioner apprehends that his mid-term transfer was political or ill motivated partiality to favour the respondent no. 3 Shri Anil Murar, despite the fact that daughter of the Petitioner has appeared in 10th standard examination and require the Petitioner to guide her at crucial stage of her educational career.