HC refuses to interfere with Govt decision to allow transfer of 15% Staff

On Wednesday, an Aurangabad bench of the High Court of Bombay refused to interfere with a Govt Resolution (GR) issued by the Maharashtra general administration department allowing the transfer of 15 per cent of its staff.

“The petitioner cannot claim a much less vested right, to assail the GR permitting 15% of its employees to be transferred,” said the 2-member High Court division bench, comprising Justices SV Gangapurwala & RG Avachat, while dismissing a PIL filed by Sandip Waisal, an Aurangabad-based social worker.

“It is for the authorities to consider the viability & feasibility of the transfers,” the bench clarified, adding that if any employee is prejudicially affected by the GR, then that employee has the right to approach the appropriate court.

Waisal had moved HC claiming that if the Govt Resolution was allowed to be implemented it would result in the disruption of government services & as a result, adversely affect the public.

It was argued, on his behalf, that if 15 per cent of the staff was transferred in terms of the GR, it would result in a chaotic situation, as the Govt administration is grappling with a healthcare emergency because of the raging COVID-19 outbreak.

However, the HC refused to entertain the Public Interest Litigation.

It said if the petitioner is deprived of the legitimate services or is not in a position to get documents required by him or his proposals are unattended, then he may seek redressal about his grievance with regard to his work or his claim not being attended by the authorities, but without such a cause of action, the plea cannot be entertained.

The policy decision has been taken by the Maharashtra government & an affected person may have the right to assail the GR, but not the petitioner, said High Court.

“The petitioner is unconcerned with the transfer of the employees,” it added while dismissing the plea.

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