JITENDRA MOHAN SINGH Vs. BHARAT HEAVY ELECTRICALS LTD.

JUDGEMENT

(1.) Impugned order of 15th January, 2013 (Annexure P -5) transfers petitioner, an Engineer with the respondent, to RMSG, Bhopal. Vide office order of 4th February, 2013 (Annexure P -6) respondent has clarified that the transfer would be for a period of three years and the transferred employee will be repatriated to PEM after a period of three years. The challenge in this petition is to the transfer order (Annexure P -5) and Office Order (Annexure P -6). On 14th May, 2013, petitioner's father had made a Representation (Annexure P -8) seeking cancellation of transfer of petitioner to Bhopal on the ground that petitioner was suffering from depression for the last one year and was under treatment. Representation of 14th May, 2013 (Annexure P -8) was followed by a reminder of 31st May, 2013 (Annexure P -9) and another reminder of 17th June, 2013 (Annexure P -10).

(2.) Respondent vide Communication of 31st July, 2013 (Annexure P -11) had informed petitioner's father that overstaying of joining time for a long duration is not advisable and petitioner should join place of his posting in Bhopal, where there is stress free environment and medical facilities for petitioner's treatment are available and after petitioner joins his duties at Bhopal, his request for re -transfer would be considered at appropriate time.

(3.) Again on 12th August, 2013, petitioner's father had informed respondent vide letter of 12th August, 2013 (Annexure P -12) that petitioner has been admitted to Vidyasagar Institute for Mental Health, Neuro & Allied Sciences, Nehru Nagar, New Delhi (henceforth referred to as 'VIMHNAS'). It is a matter of record that petitioner was discharged from the said hospital on 16th August, 2013 vide Discharge Summary (Annexure P -14). Again request for cancellation of transfer was made by petitioner vide letter of 27th August, 2013 (Annexure P -15) on the ground that petitioner was under treatment in 'VIMHNAS' and needed constant supervision of caregivers.