LAWS(BOM)-2019-5-20

MANISHA YOGESH KHALADKAR Vs. STATE OF MAHARASHTRA

Decided On May 03, 2019
MANISHA YOGESH KHALADKAR Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Introduction:

(2.) The government has transferred a batch of employees- the Assistant professors-from one college to another. Yet the college from which the batch has been transferred is an autonomous institute. Though the transferred employees were recruited before the college became autonomous, they maintain that post-autonomy, the government has ceased to control them; so the order of transfer is ultra vires.

(3.) If the transferred employees are government servants, they may still question the transfer, though on limited grounds; but the forum changes. That is, they have an efficacious alternative remedy.