Bombay High Court
Khilotama Premlal Tambhurkar vs Chief Executive Officer & Another on 29 April, 2016
Bench: B.P. Dharmadhikari
wp1850.05 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH
WRIT PETITION NO. 1850 OF 2005
Smt. Khilotama w/o Premlal
Tembhurkar, aged 45 years,
occupation - Head Mistress,
Middle School, Mohagaon Devi,
District - Bhandara. ... PETITIONER
Versus
1. Chief Executive Officer,
Zilla Parishad, Bhandara.
2. Block Education Officer,
Panchayat Samiti, Mohadi,
District - Bhandara.
3. The Sarpanch, Mohagaon Devi,
Tah - Mohadi, District - Bhandara.
4. The Superintendent of Police,
Bhandara, District - Bhandara. ... RESPONDENTS
Mrs. M.N. Hiwase, AGP for respondent No. 4.
.....
CORAM : B.P. DHARMADHIKARI &
P.N. DESHMUKH, JJ.
APRIL 29, 2016.
ORAL JUDGMENT : (PER B.P. DHARMADHIKARI, J.)
The petitioner - a lady Teacher had sought transfer
to a place near Bhandara city pointing out domestic difficulties.
Her request was accepted and she was given a post which had
fallen vacant on account of superannuation of an incumbent on
31.01.2005. Accordingly, she was by order dated 03.02.2005
transferred to a School at Mohagaon Devi, as Head Mistress.
2. This Court has noted the events which transpired
thereafter in its order dated 29.04.2005. It was found that
because of influence of politicians, it was made impossible for
her to work at that place and on 17.02.2005 i.e. within two
weeks, she was transferred to Dongargaon Panchayat Samiti.
This Court issued Rule in the matter and after placing on
record, its shock and surprise over this situation, granted
interim relief. In that order this Court has opined that the
grievance of the petitioner needed to be taken note of under
the provisions of Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989. Thereafter Respondent
No. 3 - Sarpanch, Mohagaon Devi, who contributed to the
problem, was joined as Respondent No. 3 and the
Superintendent of Police, Bhandara, came to be joined as
Respondent No. 4.
3. Mrs. Hiwase, learned Assistant Government Pleader
has appeared for respondent No. 4.
4. After this Court issued notice on merits, though the
respondents are served, Respondent Nos. 1 to 3 have chosen
not to appear and not to contest the matter.
5.
In view of mandatory interim orders passed by this
Court, it is apparent that the petitioner has reported back and
continued to work at School at Mohagaon Devi. As of today,
the period of more than 11 years has expired thereafter.
Normally, a Teacher could have been transferred after three
years or five years. That period has also expired. The political
situation also may not be the same.
6. Hence, in the light of these possibilities and lapse of
time, we quash and set aside the order dated 17.02.2005 and
maintain the order dated 03.02.2005 by which the petitioner
has been brought to Mohagaon Devi School, under Panchayat
Samiti, Mohadi.
7. Our orders shall not disturb further transfer orders,
if any, to which the petitioner may have been subjected to by
the respondents in due course of time. Subject to these
observations, writ petition is partly allowed and disposed of.
Rule is made absolute in above terms. However, there shall be
no order as to costs.
JUDGE JUDGE
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