KURIAN,J. - (1.) Leave granted.
(2.) Inter-District transfer in Revenue Service in the State of Maharashtra has given rise to this litigation. Finding that the transfer of the appellant has affected the promotion of people already working in the transferred district, namely Latur, the High Court intervened and set aside the transfer.
(3.) Aggrieved, the appellant approached this Court. It has been the contention of the appellant that by his transfer from Hingoli to Latur, nobody had been affected since he belonged to the Scheduled Caste category. It was also submitted that the transfer is made by the Government in exercise of its power under Section 4(5) of the Maharashtra Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act, 2005. Section 4(5) is reproduced as under:- "Notwithstanding anything contained in section 3 or this section the competent authority may, in special cases, after recording reasons in writing and with the prior [approval of the immediately superior] Transferring Authority mentioned in the table of section 6, transfer a Government servant before completion of his tenure of post.";