K Z KHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, who is working as Senior Assistant Grade II (P&A) with National Projects Construction Corporation (for short, 'the Corporation'), has filed the present petition impugning his order of transfer dated 17.8.2011 (Annexure-P4) from UP Zonal Office to Odisha Zonal Office, Bhubaneshwar. The petitioner in the present case was initially working at Faridabad. Vide order dated 25.7.2006, he was transferred from Northern Zone to UP Zone at Lucknow. Considering his family circumstances, where his 85 years old widowed mother and sister of the petitioner are suffering from Schizophrenia and other members in the family of the petitioner are his wife and a teenage daughter, he made a request for cancellation of his transfer. On 18.2.2007, younger brother of the petitioner got seriously injured in an accident. He remained in the hospital and ultimately expired on 23.2.2007. Under these circumstances, the petitioner could not properly discharge his duties, however, a compassion was shown, whereby vide order dated 2.6.2010, the petitioner was deputed to work at Noida office. Subsequent thereto, the petitioner had been regularly working, however, again vide order dated 17.8.2011, the petitioner was transferred from Lucknow to Bhubaneshwar. It is the aforesaid order, which is impugned in the present petition.

(2.) Learned counsel for the petitioner submitted that considering the family circumstances of the petitioner and also the fact that the Corporation has three large establishments in National Capital Region, namely, Delhi, Faridabad and Noida, the petitioner, keeping in view his kind of job, can be adjusted in any one of them. It is not possible for him to shift his family either to Lucknow or to Bhubaneshwar, as the treatment of his mother and sister is going on at Delhi. In case, he himself shifts leaving the family at Delhi, his wife and teenage daughter will not be able to take care of his ailing mother and sister, who are suffering from Schizophrenia. The petitioner acting on the advice given to him at the relevant time filed complaint before the Minority Commission against the officers of the Corporation. Now he has learnt a lesson of his life. He has already undertaken to withdraw all his complaints and work regularly to the satisfaction of the officers and he will not give any chance of complaint to any of his superior. In fact, the Corporation has been adjusting the employees on account of their family circumstances close to their home town or otherwise.

(3.) Learned counsel for the petitioner further submitted that the petitioner has not been paid salary for a period of three months when he remained posted at Lucknow, however, he will make a representation for the same to the authorities, which may be considered.