MUKESH KUMAR RAI Vs. UNION OF INDIA

JUDGEMENT

(1.) Challenge in the present writ petition is to the order dated 6.12.2016 whereby the services of the Petitioner have been transferred from Group Centre, Bilaspur to Ops Range, Sukma.

(2.) The Petitioner prior to his being posted at Bilaspur was posted at Jagdalpur for a period of about 2 1/2 years from May, 2012 to September, 2014. Till September, 2014 to the date of impugned order dated 6.12.2016, the Petitioner has been discharging his duties at Bilaspur. As such, the Petitioner has been at Bilaspur for about 2 1/2 years. So far as the administration of the Respondent is concerned, Bilaspur is considered to be a soft area and Jagdalpur i.e., the earlier place of posting of the Petitioner, is considered as hard area.

(3.) The Petitioner has primarily challenged the order of transfer, on the ground that (i) it being discriminatory, (ii) it being violative of Article 14 of the Constitution of India, (iii) it also is in violation of the transfer policy applicable in the respondent establishment and (iv) there was no administrative exigency as such for transferring the Petitioner before completion of the tenure in soft area. Apart from the aforesaid reasons, the Petitioner has also challenged the impugned order on the usual routine ground of the family facing hardship if the order of transfer is complied with, with the old age of the parents and the wife undergoing an educational course, of which only six months period is left for its conclusion.