ELSAMMA ITHACK Vs. CHAIRMAN MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITY MINISTRY OF COMMERCE AND INDUSTRY GOVERNMENT OF INDIA PANAMPILLY NAGAR COCHIN

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and the learned counsel appearing for the respondents.

(2.) IN this writ petition, petitioner challenges Ext.P1 to the extent she is transferred from the Regional Office, Kochi and posted to Sub Regional Centre, Kannur.

(3.) HAVING considered the rival contentions in this respect, I am inclined to think that even if the contention of the respondents is accepted, Ext.P1, to the extent petitioner is transferred, calls for interference. Clause 5(a) of the transfer policy provides that general transfer shall be ordered by the competent authority in respect of employees who have completed the tenure in his/her place of posting and who have worked maximum years in that place of posting at the same time. It also provides that mere completion of tenure of an Officer cannot be the only reason for transfer. Clause 5(c) states that no general transfer shall ordinarily be effected in respect of a person who has not competed his/her tenure in the place of posting. Clause 5(d) provides that when more than one person of the same rank are to be transferred from the same place, the person who has worked more years in that place (station senior) shall be transferred from that place first.