KM SHRIVASSTAVA Vs. CHAIRMAN AND MANAGING DIRECTOR

JUDGEMENT

(1.) THE petitioner was appointed in the Respondent Company as Senior Development Engineer, in its Corporate Research and Development Division, Hyderabad vide offer of appointment dated 30.6.1978 (Annexure -R/1) on the explicit condition that he would be posted to work at Corporate R&D Hyderabad Unit but was liable to be posted at the discretion of the Management to serve in any of the Company's Offices/units or any other public undertaking anywhere in India or abroad.

(2.) THE petitioner was, thereafter, transferred to Bhopal Unit and the petitioner has been serving in Bhopal Unit since 8.10.1990.

(3.) I have heard the learned counsel for the parties. Learned counsel for the petitioner has urged that the transfer order is intended to penalise the petitioner as he is the President df BHEL Executives' Association. It does not appear from the record that there is any intention on the part of the respondents to chastise or penalise the petitioner for his being the President of the Association. It is to be noted that the transfer order was passed on 1.11.2001 and even after the order passed by this Court on 27.11.2001 in W.P. No. 5773/2001 and the decision on the representation on 27.12.2001, no steps were taken by the respondents to immediately relieve the petitioner in pursuance of the said transfer order. Had there been any anxiety on the part of the respondents to immediately shift the petitioner from Bhopal, the respondents would have taken immediate steps atleast after the rejection of his representation to relieve him to ensure his departure from Bhopal. There are no circumstances on record from which inference of any malafide can be drawn.