(1) wp4522-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4522 OF 2011 Farzana Begum Pathan PETITIONER VERSUS The State of Maharashtra & others RESPONDENTS ..... Mr. N.V. Gaware, advocate for the Petitioner. Mr. S.K. Tambe, A.G.P. for the Respondent-State. Mr. U.B. Bondar, advocate for respondent No. 2. Mr. V.D. Gunale, advocate for respondent Nos. 3 and 4. ..... CORAM : B.R. GAVAI AND M.T. JOSHI, JJ. DATED : 6th SEPTEMBER, 2011 ORAL ORDER: 1. The petitioner challenges the order dated 14th June, 2011, issued by the respondent No. 3, thereby transferring her from Aurangabad to Paithan. It is the contention of the petitioner that the transfer is malafide one and has been effected since the husband of the petitioner had supported some petitioners who had sought action against the respondent/Management. The another ground is that the husband of the petitioner is also transferred to Khultabad and, therefore, there would be no-one to (2) wp4522-11 look after the children at Aurangabad and further that the mother-in-law of the petitioner, who is suffering from Cancer, is required to take treatment at Aurangabad. 2. Mr. V.D. Gunale, learned counsel appearing for the respondent Nos. 3 and 4, submits that the husband of the petitioner is likely to retire within a period of one month. He submits that since the petitioner's services are meritorious, it is necessary that she renders her services as Assistant Teacher also at Paithan. He further submits that after the petitioner rendering her services for some period at Paithan, she can be considered to be brought back at Aurangabad. 3. The transfer is an incidence of service. The impugned transfer order shows that it is only on administrative ground and cannot be said to be a punitive one. In that view of the matter, we find no substance in the contention of the petitioner that the impugned order of transfer is malafide one. 4. So far as the contention of the petitioner (3) wp4522-11 regarding her ailing mother-in-law, the husband of the petitioner is retiring in the next month and thus will be available to look after her ailing mother as well as children. After the petitioner completes a tenure of two years at Paithan, she would make an application for her transfer back to Aurangabad, which would be considered by the respondents favourably, as stated by Mr. V.D. Gunale. The petition is disposed of with the above observations. [M.T. JOSHI, J.] [B.R. GAVAI, J.] npj/wp4522-11