DHARMENDRA SRIVASTAVA Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this Original Application, quashing of the order dated 9.7.2012 contained as (Annexure -A -1 to the O.A.) was initially sought. Subsequently, by way of amendment, quashing of impugned order dated 30.8.2012 (Annexure -A -1 -A to the OA) has also been sought by means of which the pending said representation of the applicant has been rejected. The case of the applicant is that presently, he is working as Engineering Assistant in All India Radio, Lucknow. Earlier, he was transferred to Kashmir on 21.1.2007 where he worked for about a year. Thereafter, he was brought to Lucknow in February 2008. Now after about 4 years he has been transferred vide order dated 9.7.2012 to Jaisalmer against the professed policy, which provides for transfer on the ground of longest stayee. The O.A. was filed saying that several persons mentioned in his representation dated 10.7.2012 (Annexure A -3) are more senior at the station than the applicant but they have not been transferred and thus, he has been discriminated.

(2.) THE respondents have contested the O.A. by filing a detailed Counter Affidavit, saying that the applicant is holding a transferable post and he has been transferred from Lucknow after completion of his tenure at station. After receipt of his representation, the anomaly in respect of transferring longest stayees at Lucknow has been removed and Sri Hemant Dwivedi longest stayee than the applicant has been transferred from Lucknow AIR to Uttarkashi AIR vide order dated 30.8.2012 (Annexure CR -1) and has also been relieved. Similarly, the name of another longest stayee Sri B.D. Jaiswal was referred to Doordarshan maintenance wing for consideration, who recommends for transfer of E.A.'s in Doordarshan. Now, another E.A. senior to him has been transferred vide order No. 23/1012 dated 12.10.2012 (Annexure -CR -1 to the Supplementary Counter Affidavit). The AIR, Jaisalmer has intimated that they are facing acute shortage of staff for smooth functioning of the center (Annexure CR -3).

(3.) A Supplementary Rejoinder Affidavit has also been filed saying that though Sri Jaiswal has been transferred but he has not been relieved as yet and that the climate of Jaisalmer is not fit for the health condition of the applicant and according to Para 16 of the transfer policy, the respondents should have asked for choice stations from the applicant before transferring him. It is also said that no public interest is involved in his transfer.