N VISWANATHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Since the points involved in both the writ petitions are the same, they are dealt with together.

(2.) The petitioner in Writ Petition No. 2432 of 1981 was working as Assistant Station Master at Pudur in Madurai Division and by an order passed by the Ministry of Railways, he was transferred to the Western Railway, Bombay. The petitioner in Writ Petition No. 2532 of 1981 who was working at Ramanathapuram Station of Madurai Division was transferred by the Divisional Railway Manager from Ramanathapuram to Kolathur Station within the said Madurai Division. The orders of transfer in the case of both the petitioners have been challenged by the petitioners in these writ petitions on four grounds : (1) The orders of transfer have been passed without jurisdiction. (2) The transfer order virtually amounts to punishment. (3) The transfer orders affect adversely their seniority and consequently their chances of promotion are also adversely affected. (4) The transfer orders have been passed by the concerned authorities mala fide with a view to victimise the petitioners even without giving joining time.

(3.) In the counter affidavit filed by the respective respondents in these writ petitions it has been averred that the orders of transfer have been passed for administrative reasons and exigencies of service, that they do not affect adversely the chances of their promotion as alleged by the petitioners, that the orders of transfer are not penal in character, that the authorities who passed the transfer orders had ample jurisdiction to transfer the petitioners and that there is no question of any victimisation in effecting the transfers.