G. JAYAKUMAR Vs. CHIEF PERSONNEL OFFICER SOUTHERN RAILWAY

JUDGEMENT

(1.) The petitioner who was the applicant before the Tribunal is aggrieved with the direction in the impugned order placing him as junior most in the cadre of Senior Clerks in Thiruvananthapuram Division as on the date of the order.

(2.) Learned Senior Counsel Sri Sugunapalan submits that the petitioner was continued right from 1991 in the Thiruvananthpuram Division and it was on account of a complaint raised against a Vigilance Inspector that the transfer of the petitioner to the Headquarters at Madras had been issued. It is also submitted that the applicant when transferred from Madras to Thiruvananthapuram was so transferred along with a post and hence he never retained a lien in the Madras Division.

(3.) On brief facts it is to be noticed that the petitioner was a Senior Clerk in the Madras Division having joined there on 15.06.1990. As per Indian Railway Establishment Code (for short 'IREC') he had applied for Inter-Divisional transfer to Thiruvananthapuram. While the said application was pending, by an order dated 14.02.1991 the applicant was transferred to Thiruvananthapuram on request, along with the post, for a period of six months only taking into account the medical condition of the applicant. We are not told as to what exactly was the medical condition, but, however, it is pertinent that the transfer was for six months; hence temporary.