UMESH CHANDRA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Challenge in the present petition is to an order dated 15.04.2020 passed by Respondent Nos. 2 and 3 (hereinafter referred to as NTPC) whereby the representation of the Petitioner dated 18.02.2020 has been rejected as well as to the Transfer Order dated 22.10.2020 and Release Order dated 28.10.2020 transferring the Petitioner to NTPC Kudgi, Karnataka. A direction is also sought to NTPC to post the Petitioner on the post of 'Scientist' in Research and Development Department (R&D), NETRA.

(2.) Petitioner had challenged his earlier Transfer to KBUNL, Kanti, Bihar, in a spate of litigation and although in the present petition the challenge is to a Transfer Order, whereby the Petitioner is transferred to Kudgi, however, the grounds for challenge are more or less the same.

(3.) As narrated in the petition, the facts necessary to decide the controversy involved in the present petition are that the Petitioner, after completing his M.Tech and having joined Bhabha Atomic Research Centre as a Scientist in the specialized area of Fracture Mechanics, Creep and Fatigue Analysis till 10.05.2005, responded to an Advertisement issued on 30.10.2004 by NTPC for recruitment of two Scientists / Technologists. In the Advertisement the minimum educational qualifications stipulated were Masters Degree in Chemical / Mechanical Engineering with CGPA of 8.50 or equivalent, with a post qualification experience, as mentioned in the advertisement.