Bombay High Court Sets Aside Transfer Order of Woman Taking Care of Her Disabled Brother
The high court while setting aside the transfer said that if the transfer of the petitioner is considered later then all relevant aspects should be taken into account including the government resolution.
A division bench of Acting Chief Justice SV Gangapurwala and Justice Sandeep V Marne has recently set aside a transfer order of a government employee after the bench was informed that the brother of the employee is a special child and if the transfer is allowed then he will have to travel for 30 km to go to his school.
The high court was hearing a plea filed by the woman after she was transferred via a government order. The petitioner’s counsel argued that the employee is the sister of a mentally disabled child and has to maintain him. The court was informed that the entry of the said fact was also recorded in the service book of the petitioner.
The petitioner also argued that she is entitled to exemption from the transfer as per the Government Resolution dated 15.05.2014. The petitioner submitted that since the new place of transfer was 30 km away, the brother of the petitioner will have to travel 30 km to attend the school.
The counsel for the respondent representing State Government, Women, and Child Welfare Department, and Satara Zilla Parishad argued that the petitioner has an alternate remedy and that the petitioner of his own volition had given a choice during the counseling for the posting. It was further argued that the petitioner has a mother and sister who can look after the mentally retarded brother.
The court through its earlier order on 18.08.2021 had directed the respondents not to give effect to the order of transfer. The court while setting aside the order said that the respondent will have to consider all the aspects.
“The said interim order is operating since then. Naturally, the Respondents have to consider all the relevant aspects of the matter. As it is submitted that the place where the Petitioner is transferred does not have school for special child in its nearby vicinity and considering the fact that interim order is operating for more than 1 ½ year, we set aside the order of transfer,” Court said.
The court also said that if the respondent decides to transfer the petitioner during the next general transfers then the respondent shall consider all the relevant aspects of the matter including Government Resolution.
Case Title: Leena Sachin Pawar vs State of Maharashtra & Ors