RAMESH CHANDER GUPTA Vs. STATE

JUDGEMENT

(1.) After putting the petitioner as Incharge Superintending Engineer in PHE/Irrigation & Flood Control Department, he was sent on deputation to the J & K Economic Reconstruction Agency (ERA), Jammu, vide Government Order No. 28-PW (Hyd.) of 2009 dt. 4th of Feb'09. In compliance to the said order, petitioner assumed the charge as Project Manager (U), PIU, ERA, Jammu on 11th of Feb'09.

(2.) The grievance of the petitioner is that after putting about less than seven months in the aforementioned Project, he has been transferred/recalled by his parent department vide order impugned dated 2nd of Sept'09. It is stated that this order has been passed in violation of the decision taken by the governing body of the J & K ERA which has been reflected in the Circular No. 01-GAD of 2008 dt. 1st of Jan'08, issued by the General Administration Department, whereby it has been emphasised that pre-mature transfers of the employees sent on deputation to J & K ERA should not be made. It is stated that in the said guidelines, issued by the Department concerned, it has been mentioned that the deputationists may be allowed to work upto the project period i.e. December, 2009. It is thus stated that even though, the petitioner has not completed the said project period, he has been recalled by the parent department without adhering to the norms Laid down in the aforementioned Circular issued on the subject.

(3.) Respondents in their objections have stated that petitioner has been recalled from ERA and posted to LAWDA. It is stated that this is a transfer simpliciter and does not violate any legal or fundamental right of the petitioner. It is stated that the policy relied upon by the petitioner is simply a guideline having no statutory backing and the respondent authorities are not bound to act upon the same. It is further contended that the order impugned has been passed keeping in view the administrative exigencies.