L. SYAMA Vs. THE EXECUTIVE ENGINEER

JUDGEMENT

(1.) APPLICANT in this O.A is aggrieved by the Annexure A -5 order dated 18.11.2013 transferring her to Bangalore. Aggrieved by the said order she sent Annexure A -6 representation dated 22.11.2013 and Annexure A -7 representation dated 25.11.2013 praying for cancellation of the transfer order on different reasons including the non -transferability of her husband who is posted in the State Secretariat at Thiruvananthapuram and the care required for her adopted son aged five years by the presence of herself and her husband together for his welfare and upbringing. She has also stated in the representation that she had been singled out for transfer although her juniors have not been considered for such outward transfer. Applicant states in the OA that the office of the 1st respondent has sanctioned strength of five Works Clerk Grade II and three Works Clerk Grade I. She belongs to Works Clerk Grade I in which category she is No. 2 in the seniority list. According to her, the five posts of Works Clerk Grade II also were filled up with staff in the category of Works Clerk Grade I and when a newly recruited person ie., Shri.Ajith K, in the category of Works Clerk Grade II, had to be posted in the office of the 1st respondent, the applicant was picked up for transfer ignoring the fact that the remaining Grade II persons occupying the posts of Works Clerk Grade II have not been disturbed.

(2.) RESPONDENTS contend that the applicant is liable to be transferred anywhere in India because it is a post which has all India transfer liability. According to the respondents applicant was chosen for transfer on the basis of her longest continuous stay, of individuals in all grades, and hence the longest stayee was transferred first.

(3.) ADDITIONAL reply was filed by the respondents reiterating their contentions that the applicant was chosen for transfer on account of her longest stay in the 1st respondent's office, that is, nearly 17 years and that Government of India guidelines relating to the posting of husband and wife at the same place is applicable only in cases where both the spouses are employees of Central Government.