JITENDRA MANOHAR JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Petition takes exception to the decision rendered by the Administrative Tribunal, dated 25.08.2015 in Original Application No.440 of 2015 at Exhibit-E, and also, to the impugned order of transfer dated 30.05.2015 at Exhibit-B issued by respondent no.3, thereby transferring the petitioner from Rural Hospital, Amalner, Dist. Jalgaon to District Hospital, Nandurbar, on administrative ground.

(2.) It is the case of the petitioner that, the petitioner came to be posted at Amalner in Rural Hospital in Jalgaon District on his own request. The petitioner is working as Laboratory Technician in Rural Hospital, Amalner, from 01.06.2011. Being a Group-C Government Servant, as per the provisions of the Transfer Act, 2005, he is entitled to continue at a station for two consecutive tenures of three years each. Accordingly, the petitioner was expecting to be continued at his present place of posting at Amalner till May, 2017. However, before he completes the prescribed tenure, he is sought to be transferred from Amalner, District Jalgaon to Nandurbar District Hospital, Nandurbar, by the impugned order dated 30.05.2015, which has been served upon the petitioner on 08.07.2015.

(3.) It is further the case of the petitioner that, bare perusal of the impugned transfer order reveals that, there has been no compliance of the statutory provisions while issuing the same, especially while effecting the petitioner's mid-tenure transfer. No prior approval, as is required to be obtained for effecting mid-tenure transfer, has been obtained thereby the impugned order of transfer is an order issued in contravention of the provisions of Transfer Act, 2005, and therefore, the same deserves to be quashed and set aside by this Court. On 107.2015, the petitioner approached the Administrative Tribunal, challenging the transfer order dated 30.05.2015 predominantly on the ground of it being issued in contravention of the provisions of Transfer Act, 2005. On 17.08.2015, the respondents filed reply-affidavit at the last moment containing in numerous complaints against the petitioner by stating that, the Director being the superior authority of the State help and thus he is competent to take decision and there is no need to obtain special permission regarding transfer of the petitioner.