PAWAN KUMAR Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) THIS Original Application has been filed by the Applicant challenging the order of Respondent No. 3 dated 06.09.2014 and his Movement Order dated 08.09.2014 by which the Applicant has been transferred from Garrison Engineer (Air Force) [GE(AF)], Tughlakabad, New Delhi to GE(P)(AF), Gurgaon. According to him, the aforesaid order of transfer is arbitrary and without any justification. It is also violative of the transfer guidelines/rules.

(2.) BRIEF facts: The Applicant was appointed as Junior Engineer (E/M) in Military Engineering Service on 02.06.1988. While he was posted in the said capacity under the Garrison Engineer, Gwalior, he was transferred to GE(AF), Tughlakabad, New Delhi, vide order dated 08.03.2013, on mutual basis. There he joined on 22.05.2013. According to him, under para 38 and 41 of the Transfer Guidelines issued by the Respondents in May, 2008, the tenure of an employee at a particular seat/unit is three years. The said paragraphs read as under: - -

(3.) THE Applicant has also submitted that apart from the aforesaid guidelines, the transfer of an employee should not be carried out in, the normal circumstances, in the middle of academic session of his children. In this case, his son is studying in the 12th standard and he has to appear in Pre -Board Examination in March, 2015 whereas the impugned order of transfer was issued on 06.09.2014. He has also stated that he is having a Government accommodation allotted to him in Pinto Park and in case he is forced to join at GE(P)AF, Gurgaon, he will have to vacate it and it will totally disturb the study of his child. Again, he has stated that his transfer is arbitrary inasmuch as a number of persons who have been posted under the GE(AF), Tughlakabad, New Delhi and who have completed more than 3 years have been left undisturbed.