D.C. BORKOTOKY Vs. THE NORTHERN EASTERN HANDICRAFTS AND HANDLOOM DEVELOPMENT CORPORATION LTD., GUWAHATI AND OTHERS

JUDGEMENT

(1.) Petitioner working as Deputy General Manager is challenging the transfer order dated 6-5-2005 insofar as it relates to the transfer of the petitioner and Sri P.K. Gogi-respondent No. 3 with a further direction directing the respondents to effect transfer as against an equivalent post commensurate with the status as well as the scale of pay with all consequential benefits.

(2.) Petitioner entered service of the respondent-Corporation (as) Manager in 1980. He was designated subsequently as Regional Manager and entrusted with additional duties and responsibilities of supervising the activities of Purbashree Emporium of Bombay and Madras in terms of an order dated 12.6.1985. While working as such, petitioner was promoted on a substantive basis as Manager against an existing post of Manager in the Regional Office at Guwahati with retrospective effect from 1-3-1992 and continued as Regional Manager (Emporium) by retaining that designation as being purely personal to him and continued in the Emporium at Bangalore. Petitioner was thereafter promoted as Deputy General Manager (Marketing) and retained at Bangalore. His duties and responsibilities are also defined by the respondent in terms of Annexure-C. Later the Emporium at Chennai was taken under the jurisdiction of the petitioner conferred in terms of Annexure-C. Petitioner states that exclusion of Madras was on the basis of misleading recommendations and actions. Petitioner according to the petition averments is functioning as Deputy General Manager and is entitled to continue at Bangalore in that capacity. Petitioner, thereafter, was not selected for higher post. According to him he is working on substantive basis as Deputy General Manager (Marketing) in Bangalore. Respondent has now transferred petitioner from Bangalore to Madras in terms of an order dated 6-5-2005 to a lower post which is visible from the order itself. He is asked to take charge from Deputy Manager (Emporium) by retaining his own scale of pay as Deputy Manager. Petitioner questions Annexure-G as violative of the well accepted principles of transfer in terms of the Apex Court judgment and also contrary to the provisions of FR-15 of the Rules.

(3.) Notice was issued. Respondents entered appearance. They have filed statement of objections. They say that they have clarified the impugned endorsement in terms of another order dated 27th May, 2005. They say that the petitioner is transferred and posted to Puruabashree Emporium, Chennai as Deputy General Manager in the same scale of pay with immediate effect. They further say that the Bangalore Branch has no sanctioned post of Deputy General Manager. However, he will discharge the functions at Chennai Branch Office as Deputy General Manager.