VITHAL SATTU GAIKWAD Vs. ZILLA PARISHAD

JUDGEMENT

(1.) Rule. Rule made returnable by consent.

(2.) This petition is preferred by the Zilla Parishad teacher working as Physical Education Teacher as well as in-charge Head Master of Zilla Parishad High School, Savargaon who came to be transferred by order dated 31.5.2007 by the respondent authorities to Zilla Parishad School, Ashti, taluka Hadgaon, which is about 200 Kms. away from his present posting and residence. The petitioner has come with a case that apart from his duties as Physical Teacher, he was holding post of in-charge Head Master of the said school. According to him, though he is ordered to be transferred, nobody is posted against him at Zilla Parishad High School, Savargaon either as Head Master or Physical Teacher and he continues to work as such. The petitioner submits that the impugned order of transfer was without following mandatory provisions of Government Resolutions by preparing district-wise list and without calling for any choices.

(3.) The respondents stoutly challenged the petition by filing affidavit-in-reply wherein, it was submitted that the petitioner is serving under Panchayat Samiti, Mukhed area itself for more than 27 years and, therefore, as per the guidelines issued by the Government from time to time and Government Resolution (Exh.A), the petitioner was due for transfer on administrative ground from the area of Panchayat Samiti, Mukhed to any other Panchayat Samiti area in Nanded district. It is submitted on behalf of the respondents that his transfer was purely on administrative grounds and there are absolutely no mala fides or extraneous reasons involved for transfer of the petitioner. Respondents also tried to make out a case that the place where the petitioner is transferred, is not at a distance of 200 Kms. but, it is at a distance of 120 - 130 Kms. from the village Savargaon. Hence, it was further urged that the impugned order passed for transfer of the petitioner did not involve any mala fides or arbitrariness nor there is any such evidence to suggest these aspects. On such and other grounds, the petition was sought to be dismissed with cost.