MAHENDRA Vs. THE STATE OF MAHARASHTRA AND OTHERS

JUDGEMENT

(1.) Heard. Rule. Rule made returnable forthwith and heard finally by consent of learned Counsel for respective parties.

(2.) The individual petitioners in Writ Petitions No. 6051 of 2017 and 5861 of 2017, so also the State of Maharashtra in different petitions, are taking exception to the common order passed by the Maharashtra Administrative Tribunal, Mumbai, Bench at Aurangabad in Original Applications No. 61/2017, 62/2017, 693/2016 and 721/2016, decided on 24.04.2017. The MAT has allowed the Original Applications and directed to quash the orders dated 20.08.2016 and 06.09.2016, impugned before the Tribunal, directing transfer of the applicants before the Tribunal. Since a common question of law and facts arise in the matter, petitions are being disposed of by a common judgment. For the sake of convenience, facts giving rise to Writ Petition No. 6051 of 2017, can be recorded.

(3.) Petitioner Mahendra s/o Eknath Mali came to be promoted to the post of Tahsildar and was posted at Pachora, District Jalgaon on 30.05.2016. The State Election Commission issued various directions on 19.01.2016 to the State Government relating to transfers and postings of the Government officers/servants for holding free and fair elections. The State Election Commission recommended to effect transfer of officers who have completed tenure of three years at a particular station as on 1st June 2016. It was directed that since the programme of elections for local authorities would commence in the month of November 2016 till February 2017, the officers, who would be completing three years tenure should also be transferred. It was directed that a local officer shall not be posted at the place where elections to the local authorities are scheduled to be held. The State Election Commission also issued instructions to the State Government on 18.05.2016 informing that as the elections to 26 Zilla Parishads and Panchayat Samities are scheduled to be conducted simultaneously, the local officers hailing from the concerned districts shall not be posted for performing functions relating to election.