LAWS(CAL)-2014-7-153

SANDIP CHANDA Vs. UNION OF INDIA AND OTHERS

Decided On July 01, 2014
Sandip Chanda Appellant
V/S
UNION OF INDIA AND OTHERS Respondents

JUDGEMENT

(1.) This writ petition is filled assailing an order dated 30th April, 2014 passed in Central Administrative Tribunal, Calcutta Bench in OA 351/00070/2014 whereby and whereunder the order of transfer was affirmed.

(2.) Admittedly the petitioner was working as Mazdoor in the electricity department on temporary and casual basis which was subsequently regularised vide Order No. 736 dated 16.05.2013.

(3.) Immediately thereafter i.e. on 12.09.2013 the petitioner who was attached to the Executive Engineer (Headquarter), Prothrapur was transferred to Kamorta under the Executive Engineer, Nicobar Division with immediate effect on public interest. The petitioner challenged the said order before the Central Administrative Tribunal in OA 138/AN/2013 on the grounds that the said transfer order is not in conformity with Rule 4 (ii) of the transfer policy framed in July 2007; the position of Mazdoor cannot be put on public exigency; transfer made in middle of the year would cause hardship and the petitioner has to remain with his ailing mother who is suffering from chronic heart disease.