SAILA DHOLEY Vs. UNION OF INDIA & ORS.

JUDGEMENT

(1.) The petitioner is working in BSNL. He is posted at Calcutta for last 26 years. From pages 39 to 40 it appears that he was posted at Calcutta with effect from October 14, 1985 whereas his colleague Soumyajit Mahapatra was posted at Calcutta with effect from October 01, 1985 and his other colleagues Biswanath Mondal and Mihir Bose were posted at Calcutta on the same date i.e October 14, 1985.

(2.) As per the transfer policy senior in the Station should move first before the junior. Applying such theory, the petitioner contends that transfer to Assam is illegal and to support his contention he has relied upon the transfer of Soumyajit Mahapatra, appearing at pages 53 - 56 wherein Soumyajit was transferred from one office to other office, both at Calcutta.

(3.) The petitioner approached the Tribunal. The Tribunal declined to pass interim order, directed affidavits to be exchanged. While doing so, the Tribunal considered the issue at length and delivered a judgment where no interim order was passed.