PREM DUTT PARASHAR Vs. BUREAU OF INDIAN STANDARDS

JUDGEMENT

(1.) Bureau of Indian Standards was established under the Bureau of Indian Standards Act, 1986. It has its headquarters at New Delhi and 17 branch officers in various parts of India. These petitions are filed by seven scientific cadre officers against their transfer to different branches by Bureau's order dated 4th May, 1990. It may be noted that a bout 80 officers were transferred from one branch to another and some to the headquarters at Delhi. More than 70 officers have already moved out on transfer to different places.

(2.) The petitioners are senior officers who are getting more than Rs. 4,000.00 as carry home salary. There are no malafides alleged against the respondents in passing transfer orders. The contention of the petitioners is that the service regulations laying down terms and conditions of service of employees do not provide for any transfer and, therefore, their services are not tarnsferable. The petitioners have also made personal grievances such as disturbance of the education of children or illness of old parents, not being considered by the respondents, while issuing the transfer orders. The petitioners have also submitted that their wives working as teachers in Delhi Administration. Relying on the Circular No. O.M. No. 28034 /7/86-Estt(A) dated 3.4.1986 of the Central Government it is argued that since their wives are working in Delhi they cannot be transferred out of Delhi. The respondents, however, submit that the appointment orders of the petitioners clearly state that their services are transferable. It is also argued that the transfers are in the interest of the services as well as. the officers. They have evolved what is called placement policy in 1990. The gist of the policy is that the scientific cadre officers should have opportunity to acquire insight into the functions and problems of its different activities through actual work experience and job rotation. It is further stated that the Standards Formulation activity is carried out only at Headquarters (New Delhi), and it is, therefore, necessary that the officers working in the Regional Branches are transferred to Delhi to require the specialised expert knowledge and experience in the said field. That rotation of officers is thus necessary for unproving efficiency and the experience of the officers so as to secure optimom efficiency in the working of the bureau.

(3.) Transfer is an 'incidence' of service particularly where the service is an All India Service. It is not necessary in law that the transfer policy should be. specifically laid down in the service regulations. No person has a right to be appointed or posted at a particular place of his choice permanently. The policy enunciated by the Bureau is eminently reasonable and is in public interest. Every officer who is working in the service has not only a right but duty, to get himself familiarised with the scientific activities carried out at the headquarters including standard formulation activities carried out at the headquarters. Thus the transfer policy does not suffer from any arbitrariness or vindictiveness.