SHRAWAN KUMAR Vs. B.S.N.L.

JUDGEMENT

(1.) Petitioner, by this writ petition, seeks quashing of impugned order dated 1-6-2004, transferring him from Khandwa in MP Circle, to Gujarat Circle. Pursuant to the transfer order, he has been posted at Junagarh in Gujarat. Petitioner is a Telecom District Manager with Bharat Sanchar Nigam Ltd. (in B.S.N.L.) which is a Government of India Enterprise falling within Article 12 of the Constitution of India.

(2.) Before noticing the rival contentions and submissions made on behalf of the petitioner and the respondent, it would be appropriate for facility of reference to reproduce here the various postings of the petitioner at different stations and the period thereof : <FRM>JUDGEMENT_171_LAWS(DLH)8_2004(1).html</FRM>

(3.) The main plank of petitioner's submission is that from 2-9-1999 to 14-1-2004, he had been posted at a "tough station" as known in the respondent's terminology at Khargone. Under the transfer policy and guidelines, any officer, who has done a tenure posting at a tough station, is entitled to out of turn priority or choice in the matter of the next posting. Reference in this connection is invited to letter dated 8-10-2002, by which the respondents had invited options from willing officers to be posted a tough stations including "Khargone" offering them out of turn priority in further posting.