VENAKTESWARLU GUDDE Vs. UNION OF INDIA

JUDGEMENT

(1.) THE order, under challenge in this Writ Petition, was passed by the Central Administrative Tribunal, Hyderabad bench ("Tribunal" for short) in O.A. No.021/01306/2014/2014 dated 10.03.2015 dismissing the O.A. filed by the petitioner. The proceeding under challenge before the Tribunal was the office memorandum dated 07.11.2014 whereby the Administrative Officer of the National Geophysical Research Institute, Hyderabad (NGRI) informed the petitioner that the Joint Secretary (Administration) of the Council for Scientific and Industrial Research (CSIR) had approved his transfer from NGRI to the Central Institute of Medicinal and Aromatic Plants Research Centre (CIMAP) at Hyderabad in the same capacity; and the Acting Director, NGRI had accorded approval for the petitioner being relieved from NGRI with effect from 07.11.2014 to enable him to join CIMAP. The petitioner was informed that, as the transfer was in public interest, he would be entitled for joining time etc.

(2.) FACTS , to the extent necessary, are that the petitioner was initially appointed by the CSIR as Assistant Grade -I, and was posted at the National Environment Engineering Research Institute (NEERI) at Nagpur. He joined thereat on 15.03.1999. On completion of four years of service he was transferred, at his request in the year 2003, and was posted at NGRI Hyderabad. The petitioner appeared for selection to the post of Section Officer (G) and, on his passing the examination, was selected and appointed as a Section Officer. The petitioner claims to have sought for his retention at Hyderabad, but was posted as Section Officer (G) at the Structural Engineering Research Centre (SERC), Chennai. The petitioner joined SERC on 11.02.2005. He was transferred thereafter to the Central Electrochemical Research Institute (CECRI) Karaikudi, in the State of Tamilnadu, on 29.12.2006. Questioning the order of transfer, he filed O.A. No.112 of 2007 before the Central Administrative Tribunal, Madras Bench. The CAT, Madras bench passed an interim order directing the respondents to consider the petitioner's representation for his retention at Chennai. After considering his representation the respondents, by letter dated 15.03.2007, modified the earlier transfer order and retained the petitioner at SERC, Chennai. The CAT, Chennai, by order dated 26.03.2007, closed the O.A. as infructuous.

(3.) THE petitioner was, thereafter, transferred to the Indian Institute of Chemical Technology (IICT), Hyderabad on 07.07.2010, and was relieved on 05.08.2010 to enable him to join duty thereat. When he reported at the IICT, Hyderabad on 06.08.2010, the petitioner was informed that he was transferred to the Centre for Cellular and Molecular Biology (CCMB), Hyderabad. petitioner joined at CCMB, Hyderabad on 06.08.2010. On the ground that Sri Anantarao, who was promoted and posted at NGRI, did not join thereat, the petitioner was transferred to NGRI, Hyderabad on 03.01.2012. The petitioner filed O.A. No.68 of 2012 before CAT, Hyderabad bench questioning his transfer to NGRI. The said O.A. was dismissed by CAT, Hyderabad bench which, in its order dated 23.01.2012, observed that the petitioner's grievance was regarding his transfer to a place half a kilometre from his present place of work; and the O.A. as filed was atrocious and without merit. The petitioner joined duty at NGRI on 23.01.2012.