PREM PARVEEN Vs. UNION OF INDIA

JUDGEMENT

(1.) Has the Government the right to transfer a confirmed permanent Government servant against the letter's will outside his cadre is the question that calls for decision in this petition under Art. 226 of the Constitution of India. The petitioner challenges the impugned order dated 23.11.1970 by which he has been transferred from the Directorate of Extension, Ministry of Agriculture, New Delhi to the office of the Regional Station on Forage Production, Dhamrod, P.O. Hathuran, District Surat.

(2.) The petitioner joined as an employee of the Directorate of Extension, Ministry of Food and Agriculture, Community Development and Cooperation (Department of Agriculture) Shastri Bhavan, New Delhi as Hindi Stenographer on July 7, 1956. He was appointed to officiate as Upper Division Clerk (U.D.C.) with effect from Oct. 15, 1959. Clause (iv) of terms and conditions on which he was appointed stipulated that he was likely to be posted at New Delhi, but should be prepared to serve anywhere in India. Clause (v) of the terms and conditions also laid down that he will be subjected to such other conditions of service and rules of conduct as may be prescribed from time to time and made applicable to him. In due course the petitioner was confirmed as UDC and declared permanent w.e.f. Dec. 29,1967. In exercise of the powers conferred by Art. 309 of the Constitution of India, the President of India by his order dated Oct. 18,1964 framed Rules known as Directorate of Extension (class III and Class IV Posts) Recruitment, Rules, 1964 (hereinafter to be called 1964 Rules). The post of UDC is shown as Class III, Ministerial (Non Gazetted). It is not disputed that the petitioner is governed by these Rules. The President in exercise of the powers under Art. 309 has also framed Rules called The Regional Stations for Conducting Demonstration of Forage Produce (Class III and Class IV Posts) Recruitment Rule 1968, (hereinafter called the 1968 Rules). Though the grade of the L.D.C. under the 1964 Rules and 1968 Rules is the same namely 110-180 the scale of the UDC under 1964 Rules is 130-300 while under 1968 Rules is 130-280. U.D.C. post is filled up by promotion from L.D.C. with 8 years service in the grade. The next higher post under 1964 Rules from the post of U.D.C. is the post of Superintendent Grade II carrying 350-475. It is a selection post and promotion is to be made out the U.D.C. having 7 years experience upto 75% of the vacancies. Under 1968 Rules the next post to the U.D.C. is that of Head Clerk in the scale of 210-380. The method of promotion is by 15% from amongst the U.D.Cs. at the Regional Stations or by transfer on deputation from U.D.Cs. in the subordinate offices in the department of Agriculture.

(3.) On 28.11.1970 the petitioner was served with the impugned order directing his transfer to the Regional station. The petitioner represented against this alleging that he was one of the senior most U.D.Cs. with 16 years service and that he was also office bearer: Branch Secretary of the Association of attached subordinate offices and that his transfer would harm the interest of large number of employees and requested that his transfer order be kindly cancelled. This was followed by another representation dated 14.12.1970 in which he took the plea that the Regional Station and the Directorate of Extension are different subordinate offices and that they are not directly connected with each other and that he could not be transferred from this place. He also made a grievance that he should not be transferred against his wishes. The petitioner was however, informed by the letter dated 21.5.1971 by respondent No.2 Director of Administration, Directorate of Extension that his representation had been rejected and that he should report for duty at the Regional Station. The petitioner claims that he received this letter only as annexure to the letter of July 24, 1971. This led to the filling of the writ petition.