ACHUTHA GOMATHI Vs. UNION OF INDIA

JUDGEMENT

(1.) Under assail is the Order of the Central Administrative Tribunal dtd. 30/11/2023 passed in O.A. No.420 of 2023.

(2.) The Writ Petitioner filed Original Application challenging the Order of Transfer dtd. 8/8/2022 transferring the Petitioner from MAP Chennai to GE Deolali, CE Pune zone. The transfer and posting was issued routinely on administrative grounds. The Petitioner submitted a representation to re consider the posting Order and made a request to transfer her to a place nearby to Chennai. It was recommended by the Station Officer and the Head Quarters, Chief Engineer, Southern command, considered the request application and issued an Order in Proceedings dtd. 18/10/2022 retaining the Petitioner at GE (CTL) Pune, instead of GE Deolali. Not satisfied with the consideration given by the Authorities, she made another representation to post her nearby Chennai. The said representation was rejected, on the ground that the original Transfer Order was issued on organizational requirement and individual aspirations do not coincide. It is stated that the organizational interest and requirement will be a paramount. In view of the said rejection order, Original Application came to be instituted before the Central Administrative Tribunal by the Petitioner, challenging the original Transfer Order along with the subsequent Orders. The Tribunal considered the issues elaborately and dismissed the Original Application, which provided cause for institution of the present Writ Proceedings under Article 226 of the Constitution of India.

(3.) Mr. V. Vijayashankar, the learned Counsel for the Petitioner would mainly contend that, the Petitioner is a female Employee. She has two children aged about 8 years and 5 years respectively. Her husband is employed in Neyveli Lignite Corporation. The distance between Chennai and Pune is about 1500 kms. Vacancies are available at Wellington Nilgiri District, Tamil Nadu and in other establishments in the State of Tamil Nadu. Petitioner is willing to go and join in any of the establishments in the State of Tamil Nadu and her case is to be considered based on her family circumstances.