D BASKARAN Vs. GAIL (INDIA) LIMITED; CHIEF MANAGER

JUDGEMENT

(1.) By consent of the learned counsel appearing on either side, the writ petition itself is taken up for hearing.

(2.) The petitioner herein was appointed by the respondent as Deputy Manager (P&A) by the Order dated 13.7.1995. The said order makes it clear that the appointment carries the liability to serve in any part of India or abroad. The respondent is situated throughout the country and the execution of work is based upon discovery of oil. Thus, it is needless to state that concentration of manpower would depend upon the discovery followed by work attached to it. The petitioner was earlier working at Bangalore. Thereafter, he was transferred to Gujarat. The petitioner did not join the place at Gujarat even after few months. Challenge was made to the order of transfer made. On the request made by the petitioner, he was transferred to Puducherry. It was also put into challenge. By the order dated 8.1.2011, the writ petition in W.P.No.11838 of 2011 filed by the petitioner was dismissed. Though reliance has also been made on the medical report dated 19.7.2010, by the impugned order, about 545 employees were transferred by the respondent to various places based upon the necessity. The petitioner is one among the said transferred persons. By the said order, the petitioner was transferred and posted as Chief Manager E-VI Grade at Hyderabad Zonal Office. The said order is put into challenge by the petitioner in this writ petition.

(3.) Learned counsel appearing for the petitioner submitted that the order impugned is one without jurisdiction, since the petitioner has been posted to E-VI Grade, which is not available at Hyderabad. Thus, in effect, it is a transfer with post. Secondly, it is submitted that the order is tainted with legal malice. As the petitioner has raised certain uncomfortable issues against the respondents, he has been transferred. Learned counsel thirdly submitted that the health condition of the petitioner and his wife have not been taken into consideration. Fourthly, it is submitted that the petitioner's request ought to have been considered for posting at Bangalore, where the vacancies are available in the same Grade. Reliance has been made by the learned counsel for the petitioner on the order dated 4.2.1992 passed by this Court in W.P.No.6554 of 1990.