BALDEV RAJ Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The petitioner is presently working in the Railway Protection. Force in the rank of Senior Security Commissioner and posted at Rail Coach Factory, Kapurthala since November, 2006. Now the petitioner has been ordered to be transferred from Kapurthala to Sonepur vide order dated 23.3.2009 (Annexure P-4).The aforesaid order was later on modified vide order dated 24.3.2009 (Annexure R-1) and instead of transferring the petitioner to Sonepur, the petitioner has now been transferred to RPF Training Centre Mokammah ECR.

(2.) Aggrieved against this order, the petitioner filed the present writ petition. The petitioner has challenged the order primarily on two grounds; i) that he has not completed the prescribed tenure of posting which is according to the petitioner, is three years and the tenure shall be completing in October, 2010; and the other ground is that the petitioner is to retire in April, 2010., In terms of the letter dated 14.3.1974, an employee should not be transferred within a period of two years of the date of superannuation.

(3.) Though in the order (Annexure R-1) the State where this place is, not mentioned, however, Mr. Puneet Jindal, counsel for the respondent, or, instruction from the officer of the concerned department, has informed the Court that Mokammah is also in the State of Bihar.