C DURAIKANNU Vs. NEYVELI LIGNITE CORPORATION

JUDGEMENT

(1.) BY consent the Writ Petition itself is taken up for disposal. The challenge is to an order of transfer dated 02.12.2009 transferring the petitioner from Neyveli to Thoothukudi and the consequential order dated 10.12.2009 by which the petitioner's request for extension of time for joining the post was declined.

(2.) THE petitioner is employed as the Chief Engineer (Civil) in the first respondent Corporation (hereinafter referred to "as NLC") and he was promoted to the said post on 01.08.2007. According to the petitioner he was a public spirited person and was engaged in various activities, which according to the petitioner was in the interest of NLC and ultimately in public interest. While so the third respondent issued the impugned order transferring the petitioner to Thoothukudi. THE correctness of the impugned orders are assailed, stating that the 3rd and 4th respondents are incompetent to pass the impugned orders and the competent authority is only the Director(Personal), the second respondent. It has been further contended that the petitioner fought against the corruption in making appointments of SC/ST candidates and therefore the order is malafide and illegal. It was further contended that other two officers, who were also transferred under the same order were transferred on their own willingness. It is further submitted that on account of the petitioner's communal status discriminatory treatment has been meted out to him, since people belonging to other community in the same cadre are available and not transferred.

(3.) NEXT, it is contended that if transfer is stated to be an incidence of service, it can be only within the organisation and not outside the organisation and the petitioner cannot be transferred outside the company without the consent of the petitioner. The learned counsel placed reliance on the decision of the Honourable Supreme Court in M/s.Kundan Sugar Mills Vs. Ziyauddin and others, AIR 1960 SC 650, Jawaharlal Nehru University Vs. Dr.K.S.Jawatkar and Others 1989 Supp (1) SCC 679, and BCPP Mazdoor Sangh and another Vs. N.T.P.C and others, 2008 1 LLN page 1 in support of his contentions.