VANMALA K JADHAVKOCHARE Vs. KSHATRAKULOTPNNA MARATHA SAMAJ

JUDGEMENT

(1.) Transfer is taken to be an incidence of service, both according to the service condition and also as has been held by various judicial pronouncements, however, when such an order of transfer suffers from arbitrariness and smacks of capriciousness, whether it is still to be accepted as an incidence of service is the moot question involved in the present group of three petitions.

(2.) The petitioner in all the three Writ Petitions have approached this Hon'ble Court being aggrieved by the highhanded and the arbitrary action on behalf of the Kshatraklopatan Maratha Samaj, a registered trust which runs and manages the Educational Institutions in the State of Maharashtra and the petitioners who are working at one of its school located at Parel, Mumbai are transferred by the impugned order to another school located at Mithbav, TalukaDevgad, DistrictSindhudurg. Before going to the crux of the matter it would be necessary to refer to the cause of action to the three petitioners to approach this Court.

(3.) The respondent No.1Society is registered Trust and it runs a High School and Junior College in the name and caption of KMS, Dr.Shirodkar High School and Junior College, having Office at 142/49, Dr.Borges Road, Parel, Mumbai400 012. The Respondent No.1Trust also runs a High School at Mithbav and it is styled as KMS Shri.Rameshwar High School, office at KMS Shri.Rameshwar High School, Mithbav VillageMitbav, Tal.Devgad, DistrictSindhudurg.