GIRISH KULKARNI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE case of the petitioner is that he was initially selected and appointed as Chargeman -II, w.e.f. 23.01.1984 and posted to Chennai. He was transferred to Bangalore from 05.08.1985 and worked in different capacities as Chargeman -II; Chargeman -I and Assistant Foreman. He was transferred to Pune from 13.07.1992 to 30.06.1997. He was transferred to Bangalore from 07.07.1997 and to Delhi from 03.06.2004. He made a request to transfer him to Bangalore. Accordingly, he was transferred to Bangalore from 12.07.2007 on compassionate grounds wherein he was promoted as JTO and on promotion he was posted to Defence Standarisation Cell during February'2008.

(2.) THE third respondent issued a letter dated 03.05.2013, wherein it was indicated that he be posted to Pune. He submitted his representation on 06.05.2013. However, the transfer order dated 20.06.2013 was issued, wherein he was transferred to Pune. Therefore, he filed O.A. No.510/2013 before the Central Administrative Tribunal, Bangalore. The Tribunal by its order dated 24.09.2013 disposed off the application directing the respondents to reexamine the transfer orders, having regard to the representation of the petitioner. Thereafter, the respondents have issued an order dated 04.10.2013 transferring him to Pune. Aggrieved by the same, the instant OA.No.1104/2013 was filed before the Central Administrative Tribunal, Bangalore. The Tribunal by its order dated 16.12.2013, dismissed the Original Application. Hence, the present writ petition.

(3.) THE learned counsel for the petitioner contends that the impugned order is bad in law and liable to be set -aside and that the order of transfer is opposed to law as well as facts. That the order is passed without application of mind. That the directions issued by the Tribunal in the earlier O.A. has not been considered. That the transfer of the petitioner is contrary to the Rotational Transfer Policy of the respondents. That in terms of the policy, he is entitled to continue in Bangalore for 10 years. That he has been prematurely, arbitrarily and discriminately transferred to Pune. That he is suffering from H1N1 Influenza with acute respiratory failure in the year 2010. That his health has deteriorated. That his first son is studying in 1st year Engineering and the second son is studying in Class IX. That he has constructed a house in Bangalore and he has taken loan in a sum of Rs.15,00,000/ -. For all these reasons the order transferring him is unjust.