SHYAM M.S. Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is filed seeking to set aside Ext.P2 order of transfer passed against the petitioner.

(2.) The petitioner is working as a Senior Assistant in the Thiruvananthapuram Airport Fire Service. He has received Ext.P2 transfer order dated 17.7.2020 transferring him from Trivandrum Airport to Kalaburagi Airport in Karnataka. The petitioner has submitted Ext.P3 representation before the 3rd respondent requesting not to relieve him from the Trivandrum Airport.

(3.) According to the petitioner, his juniors and batch mates were promoted without considering the petitioner's seniority and eligibility. Ext.P2 order is causing great hardship and untold sufferings to the petitioner. The transfer order has been passed ignoring Ext.P8 order which states that Airports having Private-Public Participation (in short 'PPP') shall not make in and out transfer of its employees. The Trivandrum Airport being a PPP Airport, all employees working in the Airport will get an opportunity to join Private-Public Participation and work there. If Ext.P2 order is not set aside, it would affect the rights of the petitioner to carry on his profession. One employee was retained in the Thiruvananthapuram Airport, as per Ext.P9, citing that there was no replacement at PPP Airport. Therefore, there is discrimination in Ext.P2 order. The mother of the petitioner is a cancer patient and his father is a heart-patient. Hence, the transfer order may be recalled and the petitioner may be retained at Trivandrum Airport on compassionate grounds, as was conferred by Ext.P15 on another employee. The petitioner has also a grievance regarding his promotion and disciplinary proceedings.