LAWS(MAD)-2002-4-215

V. PERIASAMY Vs. NUCLEAR POWER CORPORATION OF INDIA LTD. (A GOVERNMENT OF INDIA ENTERPRISES)REPRESENTED BY MANAGER (TMS) NAVI MUMBAI,

Decided On April 02, 2002
V. Periasamy Appellant
V/S
Nuclear Power Corporation Of India Ltd. (A Government Of India Enterprises)Represented By Manager (Tms) Navi Mumbai, Respondents

JUDGEMENT

(1.) In this writ petition, the order of the 1st respondent dated 26.09.2001 which is sought to be quashed, is an order of transfer. The petitioner who is now working as a Driver -cum -Operator in the office of the third respondent, is questioning the order transferring him from Kalpakkam (Chennai) to Rajasthan Atomic Power Station. The transfer is questioned on the following grounds: -

(2.) In the counter, while denying the various allegations, the respondents contend that there is no regulation which prohibits transfer of Group "C" employees and enclosures have been filed to show many earlier instances. The employees are liable to be transferred to any place in India. Though the petitioner was originally recruited in Madras Atomic Power Project, subsequently he was absorbed in the Nuclear Power Corporation of India. The services of such employees shall be available to all the Units. The need to transfer the petitioner was immediate considering the present need to equip the Fire Stations in the background of Security scenario and the vital role of Fire Service in handling emergencies. Therefore, there is no question of any victimisation. He was relieved on 1.10.2001. There is no truth in the contention that he was denied permission to meet the second respondent. Such an allegation is only an after thought.

(3.) In the counter, certain details relating to the alleged happenings of violation of law and order at the instance of the SC/ST Association of the Department of Atomic Energy had been stated in detail. According to the respondents the conduct of the petitioner and the members of the Association had resulted in law and order situation, arrest of several individuals etc. and I do not propose to go into those details as they are not necessary for the disposal of the writ petition.