UNION OF INDIA Vs. S L ABBAS

JUDGEMENT

(1.) Heard counsel for the parties. Leave granted.

(2.) Respondent is a Garden Curator in the Office of the Scientist - SE, Botanical Survey of India, Eastern Circle, Shillong. By order dated January 29, 1991 he was transferred from Shillong to Pauri (Uttar Pradesh) by the Senior Administrative Officer, office of the Director, Botanical Survey of India, (Ministry of Environment and Forests, Government of India). As many as 19 persons were transferred under the said order, including the respondent. The respondent has been working in Shillong since the year 1979.

(3.) The respondent approached the Gauhati Bench of the Central Administrative Tribunal (Original Application No. 33 of 1991) questioning the order of his transfer. He submitted that his wife is also employed at Shillong in an office of the Central Government, that his children are studying at Shillong and further that he himself had suffered back-bone fracture injuries some time ago. He submitted that the guidelines contained in Government of India O.M. dated 3-4-1986 have not been kept in mind while ordering his transfer. He complained that some other officials who have been serving at Shillong for a longer period, have been allowed to continue at Shillong. He attributed 'mischief' to his Controller Officer, Shri B. M. Wadhwa (third respondent in the O.M.).