SUNIL Vs. DIRECTOR GENERAL OF METEOROLOGY

JUDGEMENT

(1.) The petitioner was appointed and posted originally on 28.12.1992 as Senior Observer in the India Meteorological Department at Adiramapattinam, Tamil Nadu. He is a native of Calicut. Since his father is a heart patient and since there is nobody to look after him, the petitioner made a request to the 2nd respondent for transfer to Calicut on 29.7.1993. His first request was followed by further requests dated 29.3.1995 and 4.4.1995. However, the 2nd respondent as per order dated 22.8.1995 instead of transferring the petitioner to Calicut transferred him from Adiramapattinam, Tamil Nadu to Trivandrum. The petitioner joined duty at Trivandrum consequent on the transfer. Even after joining Trivandrum, the petitioner made several requests to the 2nd respondent for a transfer to Calicut. Since the request of the petitioner for a transfer to Calicut was not considered by the 2nd respondent in spite of existence of two vacancies at Calicut, he filed O.A. 98 of 1998 before the Central Administrative Tribunal, Ernakulam Bench for a direction to the 2nd respondent to consider the request for transfer. The said O.A. was disposed of by order dated 20.1.1998 with a direction to the 2nd respondent to consider the request of the petitioner for a posting at Calicut considering his representation dated 2.9.1997 and other facts given in the application and dispose it of with an appropriate order within a period of two months from the date of receipt of a copy of the order in the O.A. Though the copy of the order in O.A. 98 of 1998 was sent to the 2nd respondent on 10.2.1998, no orders were passed on the representation of the petitioner. On the other hand, on 30.3.1998 the 2nd respondent issued an office memorandum informing the petitioner that his request for transfer will be considered on a suitable occasion. Since two posts of Senior Observer at Calicut were kept vacant by the 2nd respondent, the petitioner again approached the Central Administrative Tribunal, Ernakulam Bench in O.A. 639 of 1998 vide Ext. PI. When Ext. P10. A. came up for admission the learned Tribunal as per Ext. P2 order dismissed the same in-limine stating that the applicant has no legal right to insist for a transfer to a particular place though post(s) may be lying vacant. Soon after the dismissal of Ext. P1 O.A. as per Ext. P2 order, respondents 4 and 5 were posted in the post lying vacant at Calicut from August 1997 onwards. The posting given to the 4th respondent as per order dated 29.4.1998 from Meteorological office Agatti to Meteorological Office, Calicut is evidenced by Ext. P3. Being aggrieved by Exts. P2 order of the Tribunal, P3 office order of the 2nd respondent and the order giving a posting to the 5th respondent at Calicut (copy not produced), the petitioner has moved the present writ petition under Art.226 of the Constitution of India for the issuance of a writ of certiorari to quash those orders, for a writ of mandamus directing the 2nd respondent to review all transfers1 and postings of Senior Observers made at Calicut after Ext. P2 order of the Tribunal and to consider the case of the petitioner also for transfer to Calicut and to declare that the petitioner is entitled for a transfer to Calicut in view of the principles and guidelines in Ext. P4.

(2.) Heard counsel on both sides,

(3.) Normally this Court, while exercising extraordinary jurisdiction under Art.226 of the Constitution of India will be loathe to interfere with an order of transfer unless it is shown that the order is made in violation of norms or guidelines governing transfer or the court is satisfied that the order of transfer is made on considerations other than exigencies of service or that the order has been vitiated by malafides.