Back
2015 Supreme(Bom) 2360
IN THE HIGH COURT OF BOMBAY AT AURANGABAD BENCH
S.S. SHINDE & P.R. BORA, JJ.
Smt. Sayada Mumtaz Jahan Sayad Ahteshamuddin & Ors. - Petitioners
Versus
Talat Shikshan Mandal, Kabadipura, Aurangabad, Through its Secretary & Ors. -Respondents
WRIT PETITION NO.5328, 5330 OF 2008, WRIT PETITION NO.1958 OF 2009
Decided On : 23.12.2015
Advocate Appeared:
For Appellant :Mr. Ajay S. Deshpande, Advocate for the Petitioner.
For Respondent No. 1:Mr. A.M.Karad, Mr. E.G.Irale, Advocate for the Respondent No.1.
For Respondent No. 2:Mr. Dilip Patil Bankar, Advocate for Respondent No.2.
For Respondent No. 2 & 3:Mr. U.B.Bondar, Advocate for respondent Nos.2 and 3.
For Respondent No. 3:Mr. S.R.Yadav, AGP for the Respondent No.3.
The management has the discretion to take appropriate decisions for the transfer of its employees, and permission or consent is not required from the authorities for effecting the transfer of the employees of the institution.
Headnote:
Transfer - Administrative Grounds - Rule 41 of MEPSR Act - The court found that the transfers were made on administrative grounds and ensured that the service conditions, salary, pay, pension, etc. of the petitioners shall remain unaffected. The court also clarified that the management has the discretion to take appropriate decisions for the transfer of its employees, and permission or consent is not required from the authorities for effecting the transfer of the employees of the institution.
Fact of the Case:
The petitioners, who were appointed as Assistant Teachers in a school, were transferred to another school run by the same management. They challenged the transfer orders, alleging financial loss, harassment, and irregularities by the management.
Finding of the Court:
The court found that the transfers were made on administrative grounds and ensured that the service conditions, salary, pay, pension, etc. of the petitioners shall remain unaffected. The court also clarified that the management has the discretion to take appropriate decisions for the transfer of its employees, and permission or consent is not required from the authorities for effecting the transfer of the employees of the institution.
Issues: The main issue was whether the transfers of the petitioners were inconformity with the provisions of Rule 41 of the MEPSR Act and a government circular prohibiting transfers from secondary school to primary school and vice versa.
Ratio Decidendi: The court held that the transfers were made on administrative grounds and ensured that the service conditions, salary, pay, pension, etc. of the petitioners shall remain unaffected. The court also clarified that the management has the discretion to take appropriate decisions for the transfer of its employees, and permission or consent is not required from the authorities for effecting the transfer of the employees of the institution.
Final Decision: The court dismissed the petitions, ruling that the transfers were inconformity with the provisions of Rule 41 of the MEPSR Act and the government circular. The court also stated that the petitioners may seek appropriate remedy for redressal of their grievances regarding financial loss, harassment, and irregularities by the management.
S.S. Shinde, J.
1. In Writ Petition No.5328/2008, the petitioner has taken exception to the impugned order of transfer dated 16.04.2008 at Exhibit-B. In Writ Petition No. 5330/2008, the petitioner has taken exception to the impugned order of transfer dated 16.04.2008 at Exhibit-B. In Writ Petition No.1958/2009, the petitioner therein has taken exception to the impugned order of transfer dated 28.03.2009 at Exhibit-A.
All these three Writ Petitions have been heard together since in all these Petitions exception is taken to the transfer orders against respondent No.1 and also other respondents are common.
In view of the order passed by this Court on 10th February, 2010 in Writ Petition No.1958/2009, even Writ Petition No.1958/2009 was directed to be listed under caption ‘final disposal’ along with Writ Petition No. 5328/2008 and 5330/2008. Therefore, Rule, taken up for final hearing with the consent of the parties.
Brief facts necessary for adjudication of these Petitions, are as under:
2. It is the case of the petitioners in Writ Petition No.5328/2008 and Writ Petition No.5330/2008 that, they have joined the services as Assistant Teachers in Talat High School, Barudgar Nala, Juna Bazar, Aurangabad, run by the respondent No.1. The petitioners possessed H.S.C. D.Ed. qualifications, and thus, they are qualified for appointments as Primary Teachers. The appointments of the petitioners have been duly approved by the respondent No.2.
It is further the case of the petitioner in Writ Petition No.1958/2009 that, the petitioner joined the services as an Assistant Teacher in the same School, run by the respondent No.1. The petitioner possessed H.S.C. D.Ed. qualification, and thus, she is qualified for appointment as an Assistant Teacher. The appointment of the petitioner has been also duly approved by the respondent No.2.
3. It is further the case of the petitioners that, they have acquired status of deemed permanent employees, by virtue of the provisions of Section 5 [2] of MEPSR Act. The petitioners have been rendering services as Assistant Teachers in Talat High School, Barudgar Nala, Juna Bazar, Aurangabad.
4. It is further the case of the petitioners that, the petitioners are aware that, transfers are incident of service and since they have been transferred at a distance of few meters in Aurangabad itself, they may not be able to sustain challenge to the said order of transfers. Keeping this in mind, upon being transferred from one school to another by order of transfers, they immediately reported at transferred places. The petitioner in Writ Petition No. 1958/2009, joined at transferred place in the month of April, 2009.
It is further the case of the petitioners that, Therefore, for all practical purposes, they have submitted to the order of transfer and respected the same. The distance between the earlier place of transfer and the present place is hardly 300 meters. On this score, the petitioners are not in a position to demonstrate any inconvenience as such and as a result, they opted to submit to the order of transfers and immediately reported to duty.
5. It is further the case of the petitioner that, in order to appreciate the nature of challenge and the reasons therefor, it would be appropriate to know the background on which the petitioners came to be transferred from one High School to another Primary School. Undoubtedly, the order of transfer in so many words state that, the salary, seniority, service protection shall continue to be as before, even after transfer, which was a predominant factor to dissuade the petitioners from taking recourse to the remedies available to them under law, challenging the order of transfers.
6. It is further the case of the petitioners that, there has been extreme strained relations between most of the employees and management of Talat Shikshan Mandal. The root cause of the strained relations is exploitation of the employees in whatever possible manner. The employees have been made to suffer ext
