BINA RAM THOUSEN Vs. UNION OF INDIA

JUDGEMENT

(1.) IN assailment is the orders dated 29. 2. 2008 and 10. 4. 2008 passed on behalf of the Airports Authority India (for short hereafter referred to as the AAI) transferring the petitioner from Guwahati to Bangalore as Manager (Air Traffic Control) and releasing in accordance therewith. By order dated 1. 7. 2008, this Court had stayed the impugned transfer as well as the release of the petitioner.

(2.) I have heard Mr. HRA Choudhury, Sr. Advocate assisted by Mr. B. Islam, Advocate for the petitioner and Mr. K. N. Choudhury, Sr. Advocate assisted by J. Patowari, Advocate for the AAI.

(3.) IN brief the petitioner's pleaded case is that having joined the services of the National Airports Authority (presently AAI) on 18. 8. 1994 as an Aerodrome Assistant, he was posted at the Imphal Airport. He was promoted to the grade of Assistant Manager (Air Traffic Control) on 25. 6. 2002 and thereafter as Manager (Air Traffic Control) on 18. 8. 2005. He was eventually posted in the above capacity at the LGBI Airport, Guwahati on 4. 8. 2006. In the month of November, 2007, the respondents 5 and 7 were promoted as Manager (Air Traffic Control) against vacancies available at the Bangalore International Airport and by order dated 13. 12. 2007 were transferred from Guwahati to Bangalore in pursuance thereof. By the impugned order dated 29. 2. 2008, the transfer of the said respondents has been cancelled and the petitioner and the respondent No. 7 instead have been posted out to Bangalore. The petitioner and the respondent No. 7 both have submitted representations before the respondent No. 3, Chairman, Airports Authority of India, New Delhi against their transfer. The petitioner inter alia requested for deferment of his transfer for at least one year. He has alleged that though the representation of the respondent No. 7 has been favourably considered and she has been retained at Guwahati, his request did not meet with same positive response and by the impugned order dated 10. 4. 2008, he has been releived from his post at Guwahati with instructions to proceed on permanent transfer to Bangalore. In addition to his assertion that his transfer is in contravention of the existing rules and norms of the AAI, the petitioner has referred to his various postings in between and has contended that the stay of the respondent No. 7 at Guwahati being longer than his, she ought to have been transferred. He also has detailed his personal and family problems that would compound his inconvenience if the impugned order of transfer is implemented.