RADHESHYAM NAG AND OTHERS Vs. SUB

JUDGEMENT

(1.) In this application there are two petitioners, who were appointed as postman in the sub-post office at Kharagpur by the respondent No. 1 and were attached to the unit of the Sub-Post Master, Kharagpur in the lower selection grade of the Midnapore Postal Division. The first petitioner was made quasi-permanent in the grade of a Class III, Postman Cadre with the effect from 14.2.67 and the second petitioner was made quasi permanent in the same cadre with effect from 22.9.66.

(2.) Pursuant to order No. Staff A/Z-426/68 dated 23.11.68 issued by Post Master General, West Bengal Circle, both the petitioners were in the interests of service transferred to the South Presidency Division and were treated as relieved from their postings as postman, Kharagpur with effect from 6.12.68 and were directed to join and act as postman of Hasnabad Post Office (South Presidency Division) on expiry of their leave. Against this order of the petitioners have come up before this Court and have obtained this rule.

(3.) Mr. Das appearing on behalf of the petitioners submitted that the orders of transfer are contrary to Rule 37 of the General Rules of the Posts and Telegraph Manual relating to the condition of transfers and is also in violation of Rule 1 of Part 3 of Appendix 12 of the said Manual. In the submission of Mr. Das a postman cannot be transferred from one District to another except for very special reasons. In this particular case no reason's have been made out by the respondents as to why the petitioners have been transferred and according to Mr. Das the transfers are also mala fide being an indirect punishment for taking part in the general strike of the Posts and Telegraphs Department Employees on the 19th of Sept., 1968. Mr. Banerjee appearing on behalf of the respondents has drawn my attention to the aforesaid rules and submitted that in the interest of justice postman can be transferred from one District to another and reasons for such transfer do net have to be recorded