SUDHIR PATHAK Vs. INDIAN OIL CORPORATION

JUDGEMENT

(1.) This writ petition is filed by the petitioner impugning the transfer order of the respondent-employer dated 5.4.2013 whereby the petitioner has been transferred from Noida to Guwahati.

(2.) I need not overstress that transfer is an incidence of service. Employer knows to the best way in which the services of the employee can be utilized. Employee places himself at the disposal of the employer and surely not the other way round. In the present case, the transfer order in spite of being passed few months back on 5.4.2013, petitioner on his request because of his personal difficulties got an extension of three months for joining. Petitioner insists till today on giving various personal grounds including old age of his parents or his daughter getting married in December and so on to prevent his transfer. It is also claimed that petitioner has been victimized because he has asked for promotions and which earlier promotions were given with delay.

(3.) I may note that earlier a writ petition being W.P.(C) No. 2846/2013 was filed challenging the same transfer order, and which was withdrawn on 1.5.2013 because petitioner had been granted extension.