IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6416 OF 2007 Miss.Vijaymala Neminath Chipre knee Mrs.Sujata Kumar Chinchwade ..... ...... ......Petitioner V/s Walwa Taluka Boudh Society & Ors.... ...... .....Respondents. Mr.S.S.Pakale, Adv. For the petitioner. Mr.S.M.Oak, Adv. For the respondent No.1. CORAM: A.P.DESHPANDE, J. 18/9/07 PC: Rule. Rule made returnable forthwith. Taken up for final hearing by consent of both the parties. By the present petition the petitioner takes an exception to the order passed by the Ad-hoc District Judge, in Misc. Civil Appeal No.79/07 allowing the appeal filed by the the respondent herein. The petitioner is working as assistant teacher in a school administered by the respondent No.1-society. The respondent No.1-society administers and manages many schools in Sangli district so also outside Sangli district. The petitioner was posted in a school at Sangli. By an order of transfer the petitioner came to be transferred from Sangli to Khargaon, taluka Bhiwandi, district Thane. Aggrieved by the said transfer the petitioner instituted a civil suit for declaration and injunction. In the said suit an application for temporary injunction came to be filed and prayer was made to restrain the respondent No.1 from transferring the petitioner. The trial Court granted temporary injunction as prayed for by holding that the order of transfer is malafide. Dissatisfied with the order passed 1 by the trial Court the respondent No.1 carried misc. civil appeal before the District Court. The District Judge has set aside the order passed by the trial Court and allowed the appeal. Aggrieved by an order passed by ad-hoc District Judge the present writ petition has been filed. It is the case of the petitioner that the transfer is not a general rule under Rule 41 of MEPS rules and the same is by way of an exception. It is submitted that there has to be compelling administrative reason to transfer a teacher from one school to another. A distinction is sought to be made in regard to service conditions regulated by rule 41 dealing with transfer vis-a-vis the transfer effected in other establishments. The petitioner has contended that the petitioner's service career is unblemished and she is a very good teacher. According to the petitioner there is no justification for transfer of the petitioner to far off place outside Sangli district. It is the case of the respondent No.1 that the petitioner no doubt is a good teacher but respondent No.1 proposes to utilize services of the petitioner in the interest of students partaking education in other school administered by the respondent and hence it is submitted that the transfer is for administrative reason which by way of an exception permits the management to effect the transfer. The difficulty faced by the petitioner is that her husband is also working as an assistant teacher in some other school at Sangli and her family is stationed at Sangli. It is thus obvious that the present transfer is bound to cause hardship and inconvenience to the petitioner. It is also true that the transfer being an incident of service cannot be outright objected to. In this fact situation learned counsel appearing for the respondent No.1 on instructions from his client fairly submits that the respondent No.1 will bring back the petitioner to one of the schools being run by respondent No.1 at Sangli District and she will be retained in District Sangli. It is also assured that the respondent No.1 will not act with vengeance against the petitioner 2 after she completes the academic session at the transferred place. The petitioner shall join at the transferred place within a period of two weeks from today and shall not proceed on long leave so that the pupil do not suffer on account of absence of teacher. After completion of academic session 2007-08 respondent No.1 shall post the petitioner as assured herein above, in one of the schools in District Sangli. I am informed that there are five schools run by respondent No.1-management in Sangli city. I hope and trust that as far as possible respondent No.1 shall try to accommodate the petitioner in one of the schools in Sangli city. Learned counsel for the petitioner informs that in view of this order the petitioner will withdraw the civil suit filed in the Court of Civil Judge, Senior Division, Sangli. Rule made absolute in above terms. 18.9.07 3