Mrs. Veer Sulochana Vijay v. The Education Society Through Its Chairman / Secretary

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7573 OF 2017 Mrs. Veer Sulochana Vijay ....Petitioner V/s.

The Education Society & 3 Ors.

....Respondents Ms. Anupama B. Shah, Advocate for Petitioner. Mr. C.P.Yadav, AGP for the Respondent Nos.3 and 4. Mr. A.A.Garge, Advocate for Respondent No.1.

****** CORAM :- CORAM :- B.R.GAVAI & B.R.GAVAI & SANDEEP K. SHINDE, JJ.

SANDEEP K. SHINDE, JJ.

DATE :- DATE :- 6TH OCTOBER, 2017.

6TH OCTOBER, 2017.

P.C. :- P.C. :- The Petitioner has approached this Court being aggrieved by her transfer from Ambernath to Shahapur. The learned counsel for the Petitioner states that the order is in violation of Rule 41 in-as-much as transfer can be effected only if candidate is promoted.

We find that submission is upon misreading Rule 41. Rule 41 permits transfer even on administrative ground. In any case, Shivgan

* 2/2 * 913-WP-7573-2017.doc transfer is an incidence of service. The Petitioner has been transferred within the same district and at the place which is on the same railway route.

In that view of the matter, no case is made out for interference. The Writ Petition is accordingly rejected. (SANDEEP K. SHINDE, J) (SANDEEP K. SHINDE, J) (B.R.GAVAI, J) (B.R.GAVAI, J) Shivgan