BHAGWAN R. DEOGHARE Vs. UNION OF INDIA

JUDGEMENT

(1.) AGGRIEVED by the impugned order dated 17.07.2014 issued by the Respondents transferring the applicant from Nagpur to Ranchi, he approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985 with a prayer to quash and set aside the said order.

(2.) THE applicant is presently working as Deputy Director, National Horticulture Board (for short N.H. Board) at Nagpur. He has to his credit clean and unblemished service record with Very Good grading in Annual Performance Appraisal Report (APAR). Previously in the year 2007 the applicant while working at Head Office Gurgaon was transferred to Hyderabad and in the next year from Hyderabad to Raipur. On his personal request he was transferred from Raipur to Nagpur, which is his native place. The applicant's wife who is serving in LIC of India was previously posted at Vijayawada in Andhra Pradesh. She made efforts to get her transferred to Hyderabad, when the applicant was transferred there from Gurgaon. However, since the applicant was transferred from Hyderabad to Raipur, the applicant's wife could get herself transferred from Vijaywada to Brahmapuri in Chandrapur District, which is geographically located near Nagpur.

(3.) THE impugned order is challenged mainly on the ground that the same is arbitrary, illegal, outcome of malice and colourable exercise of power by Respondent No. 2. It is also alleged that the applicant being a member of Scheduled Tribe and Maharashtrian he was subjected to continuous transfers out of malice. It is also alleged that transfer is hit by the policy of the Government which clearly requires to post husband and wife at the same station as far as possible, although working in different Departments. Further, the applicant is due for retirement on superannuation after three years and hence he should not have been transferred against the policy. It is also alleged that there are number of other officers of the same grade, who have completed more than 5 years of service at particular station but not transferred such as Mr. V.R. Murthy of Madras, Mr. Rajbir Singh Bhatti of Head Office, Gurgaon, Mrs. Balsundhari of Madras and Mr. Laxman Singh and Mr. Dharamsingh of Pune. Thus, the applicant is discriminated from the above officers since he has completed just 1 1/2 years of tenure at Nagpur after his request transfer there. That in the impugned order no public interest is involved to transfer the applicant to Ranchi which is located at distant place from Nagpur. This would once again disturb the family life of the applicant.