SUNITA ONKAR LAWHALE Vs. ZILLA PARISHAD, AMRAVATI THROUGH ITS CHIEF EXECUTIVE OFFICER, AMRAVATI
LAWS(BOM)-2011-8-289
HIGH COURT OF BOMBAY
Decided on August 18,2011

Sunita Onkar Lawhale Appellant
VERSUS
Zilla Parishad, Amravati Through Its Chief Executive Officer, Amravati Respondents

JUDGEMENT

S.A. Bobde, J. - (1.) Rule, returnable forthwith. Heard finally all these writ petitions by consent of the parties.
(2.) The petitioners have made serious grievances regarding their transfers as Assistant Teachers (Primary) and Head Masters. According to them, though rules have been framed by respondent no.1 on 6.5.2010, the transfers have been effected en masse without paying any heed to the guidelines and it smacks of favouritism, mala fide etc. In view of the rules and guidelines referred to above, we are not inclined to go into the questions raised by the petitioners at this stage, in view of clause (iii) of the Government Resolution dated 6.5.2010 which reads thus : (iii) The Divisional Commissioner has to take care and caution that no illegality or irregularity would be committed in the transfer process. In the event any complaint is made regarding any illegalities and irregularity in the transfers, the Divisional Commissioner shall make in depth enquiry, remove such illegalities and irregularity and take appropriate action against the concerned."
(3.) The Government has thus clearly empowered the Divisional Commissioner to supervise the transfers to ensure that there is no illegality or irregularity in the process. We are aware that the question of transfers of employees is always a matter which has many aspects and manner and requires individual adjustment in some cases and, therefore, we consider it appropriate that the Divisional Commissioner, Amravati should look into the matter rectify any illegality or irregularity therein.;


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