Mumbai: The Maharashtra Administrative Tribunal (MAT) has passed an order in favour for a Superintendent of the Charity Commissioner, who was posted to Mumbai from instead of posting her to Nanded or Jalna District, which is nearby to Parbhani, where her husband is been posted on the post of ‘Talathi’. The MAT held that the distance postings has caused the Government officer ‘Personal Hardships’ , thus staying apart from her husband, hence asked the Charity Commissioner, Mumbai to reconsider her transfer orders within a period of two weeks and to pass an appropriate order.
Asmita Sarode, had filed a transfer application in 2023, before the tribunal requesting for her transfer to a place nearby to her husband’s posting, on the grounds that if the Husband and Wife are government servants, then they should be posted together. Sarode in her plea informed the tribunal that there were vacant positions for her post in the regions named by her. However her plea was rejected by the Charity Commission, stating the transfer was just a ‘General Transfer-2023’ and that she had already spent two stints of her work, which is from 2012 to 2017 and 2018 to 2023 in Parbhani District and thus the transfer came as a routine.
The Tribunal after going through the evidence held that the recommendations of transferring Sarode to ‘Head Office’ in Mumbai does appear to have been granted only by taking into account the fact that she had done proximate tenures of about 10 years in ‘Parbhani District’ and thus her request was not even to be considered for posting to ‘Nanded District’ or Jalna District’ which are adjacent to Parbhani District.
“The ‘Transfer Order’ Charity Commissioner Maharashtra State Mumbai’ by which Sarode was transferred to ‘Head Office’ in Mumbai becomes vulnerable on account of ‘Arbitrary Exercise’ of ‘Statutory Powers’ under the ‘Maharashtra Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act, 2005’. The request of Applicant thus needs to be reconsidered by ‘Charity Commissioner, Maharashtra State, Mumbai’ to obliterate ‘Invidious Discrimination’ which is apparent against Applicant on grounds of ‘Husband & Wife’ not being posted together even at ‘Regional Level’ which is ‘Chhatrapati Sambhaji Nagar Division’.
