JAGDISH CHANDRA CHHIMWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Sri J. P. Joshi, learned coun sel for the petitioner, and Sri Arvind Vashishtha, learned Asstt. Solicitor Gen eral Union of India/ respondent.

(2.) BY means of this writ petition, the petitioner has prayed for the follow ing releifs : i. Issue a writ, order or direction in the nature of certiorari calling for the record and quashing the im pugned order dated 08-09-2005 (annexure no. 5 to the writ petition ). ii. Issue a writ, order or direction in the nature of mandamus com manding the respondents au thority not to interfere or disturb in the service of the petitioner at National Hydrographic Office, Dehradun to the post of Grain ing Operator, iii. Issue a writ, order or direction, which this Hon'ble Court may deem fit and proper in view of the circumstances of the case, iv. To award the cost of present writ petition in favour o the peti tioner.

(3.) THE respondents have filed coun ter affidavit and have justified the im pugned order. It is not disputed by the respondents that in para -3 of the order dated 19th May 2004 (annexure no. 3 to the writ petition) the transferring au thority has mentioned that the petitioner be permanently transferred to National Hydrographic Office, Dehradun under intimation to the Headquarter. Further in para-4 of this order it is mentioned that an undertaking for the following condi tions be obtained from the individual, prior to relieving him and the same be indicated in his movement order. THE conditions are (i) that the seniority of the individual in the grade will be counted from the date he reports on transfer to National Hydrographic Office, Dehradun. His past seniority will not be counted for promotion to the next higher grade, (ii) that he will have to travel to NHO, Dehradun at his own expense and no TA/da, joining time etc. is admissi ble as his transfer is at his own request.