In Brief
A government Senior Clerk sought review of a high court decision setting aside his inter-district transfer from Hingoli to Latur district in Maharashtra. The appellant argued that his transfer did not affect anyone as he belonged to the Scheduled Caste category and was authorized under Section 4(5) of the Maharashtra Government Servants Regulation of Transfers Act, 2005. The Supreme Court dismissed the appeal, holding that Section 4(5) merely authorizes premature transfer within a three-year tenure period but does not permit inter-district transfers that would adversely affect promotion opportunities of existing employees in the destination district. Since no suitable vacant position existed in Latur, the transfer could not be effectuated without prejudicing other employees' chances.
The lawyer headnote and full judgment text are available to registered users.