ATOMIC ENERGY EDUCATION SOCIETY MUMBAI Vs. G LAKSHMI

JUDGEMENT

(1.) These two Writ Appeals are filed against the commonorderof the learned Single Judge in W.P.Nos.24910 and 25382 of 2002, dated 17-10-2003, declaring the action of the appellants in transferring the writ petitioners to other schools as unjust, illegal and contrary to law.

(2.) The writ petitioners are working as Sweepers-cum-Farash in Atomic Energy Fducational Society (for short'A.E.E.S.'), the appellants herein. They were appointed in 199: and 1988, respectively, and have been discharging their duties in the A.E.E.S. at Hyderabad. They were transferredto Bombay and Mysore by the impugned order dated 14-05-2002 in the public interest. Assailing the correctness of these transfers, they sought a Writ of Mandamus, declaring the orders of transfer as unjust, illegal and are violative of Articles 14, 16 and 21 of the Constitution of India.

(3.) The writ petitioner in W.P.No.24910 of 2002 alleged that in compliance of the same, he reported at Jaduguda, Bombay and thereafter as there was no vacancy, he was again transferred to Anushakti Nagar, Bombay and assigned duties which were unconnected with his nature of the post. Therefore, he suffered serious ill-health and was bed ridden. His small children were studying at Hyderabad and his wife fell ill. He sought leave which was refused. However, he was compelled to proceed to Hyderabad as there was nobody to look after his family. The appellant had agreed to absorb him through the proceedings dated 02-01-2002 at Hyderabad pursuant to the decision taken in meeting held on 20-07-2001. Contrary to it, he was transferred. In fact, his juniors were retained and accommodated at Hyderabad. This transfer was discriminatory, prejudicial to his interest and offending under Articles 14 and 16 of the Constitution of India. Though the 1st appellant Society submitted its proposal on 03-09-2001 to R-1 to transfer their services to Nuclear Fuel Complex, the same was not accepted. The low paid employees like them were mercilessly transferred to Metropolitan cities like Bombay, offered meagre salary and they may not be able to survive. Nuclear Fuel Complex has agreed to absorb such of those surplus staff as identified by the College, but the 1stappellant while doing so did not prepare any seniority list of the employees but retained junior employees in the College and illegally transferred them.