M.S. RANA Vs. THE REGISTRAR, CO

JUDGEMENT

(1.) (Oral) - Petitioner was working as Regional Manager of the Haryana State Co-operative Agriculture and Rural Development Bank Limited, Chandigarh and was posted at Kurukshetra. By order dated 16.12.1999 the Managing Director of the Bank has transferred him as Faculty Member of JLST College, Panchkula which is an equivalent post. It is contended on behalf of the petitioner that in the year 1998 he has forgone his promotion to the next higher post only to remain at Kurukshetra where he wanted to serve his ailing father. It is further contended that on his own request the petitioner was allowed to continue at Kurukshetra and his junior was given the promotion. The grievance now made before us is that even though the petitioner has forgone his promotion he is now being transferred from Kurukshetra to Panchkula.

(2.) In response to the notice of motion respondent has put in appearance and filed his written statement. It is pleaded that the reasons for which the petitioner was allowed to continue at Kurukshetra are no longer existing because his ailing father expired in Sept. 1999 and, therefore, there is no reason why the petitioner should continue at Kurukshetra where he has already served for two years and six months. We find merit in the contention of the respondent. Since personal reasons are no longer there, there is no reason why the petitioner should continue at Kurukshetra. Moreover, transfer is a normal incidence of service and in the absence of any mala fides this court can hardly interfere with such orders. At any rate, no right vests in the petitioner to claim that he should continue to remain at Kurukshetra. We, therefore, find no ground to interfere with the order of transfer. Petition allowed.