MUKESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 4th October, 2006, passed by the learned Single Judge upholding the action of the respondents in issuing the transfer order dated 11th March, 2006.

(2.) THE appellant joined the Indian Iron and Steel Company (IISCO for short) on 10th June, 1991 as a Management Trainee. The offer of appointment was annexed as Annexure R-5 to the counter affidavit filed by the respondent. In the aforesaid offer of appointment it was stated that he has been selected as management Trainee (Administration) and has been posted to IISCO. It was also stated that the other terms and conditions of his appointment are the ones which are attached with the said offer of appointment. In Clause-3. 1 of the Terms and conditions of Appointment it was stipulated as follows:

(3.) THE appellant accepted the aforesaid terms and conditions of his appointment and joined IISCO. On 19th August, 1991 he requested for change of department from Personnel to Marketing, which was accepted. But even then on the same date i. e. on 19th August, 1991 he submitted his resignation on personal grounds, which he withdrew immediately on the same date. Thereafter he was posted in the Marketing Department and was transferred to New Delhi. Keeping in mind the organisational requirements and exigencies of service, on 28th December, 1992 the appellant was transferred to Batala as Sales Executive with full transfer benefits. However, from the second week of September, 1994, the appellant did not report for duty without any information, consequent upon which the respondent sent a letter to him on 31st October, 1994 directing him to report for duty. He was also directed to report at Burnpur Hospital for medical treatment if he had any medical problem, but he failed to do so. Later, when the Batala branch was closed down by the respondents, the appellant was transferred to Chandigarh in February, 1995. On 1st September. 1996 the appellant with other officials was sent to Nathpa site, near Bhabha Nagar, about 350 kilometers from Chandigarh for urgent official work. Thereafter the petitioner was transferred administratively to Burnpur Stockyard on 9th June, 1996. However, as the appellant did not join his duties at Burnpur his services were terminated, which order was later revoked on 10th February, 1998 treating the period from 30th January, 1997 to 9th February, 1998 as dies non and he was posted at Burnpur Stockyard. Thereafter, on his request he was transferred to new Delhi and was posted in the Stockyard of IISCO.