ATUL VENKATESH DESHPANDE Vs. DISTRICT JUDGE

JUDGEMENT

(1.) THE petitioner is a Clerk working in the district Court, Osmanabad. He has filed this petition initially to challenge the order of termination dated 12. 5. 1995 passed by the learned district Judge, Osmanabad. This termination took place because of the transfer of the petitioner from district Jalgaon to Osmanabad district sought by the petitioner himself. The petitioner was working earlier in the District Court at Jalgaon. He was selected as Clerk on 3. 5. 1986 and was given an appointment on 1. 6. 1986. He passed the Lower Standard departmental Examination on 5. 7. 1990. It is happened that the petitioner's father who was residing at Osmanabad passed away due to cancer and his mother was sick suffering from paralysis. He, therefore, sought transfer to Osmanabad sometime in April, 1993.

(2.) AS per the conditions of transfer recorded in the Government Resolution dated 19. 9. 1975 which formed part of the requirements for such transfers. The original appointment of the Government servant had to be in conformity with the Recruitment Rules and he had to put in not less than three years in the earlier cadre. The petitioner was fulfilling those conditions.

(3.) THE Honourable High Court accepted the request made by the petitioner though on some conditions and granted the transfer of the petitioner on 29. 6. 1993. The petitioner was accordingly posted in the Court at Omerga in Osmanabad district. The petitioner had also given an undertaking which he was expected to give at the time of his transfer.