DURGA PRASAD Vs. UNION OF INDIA & ORS.

JUDGEMENT

(1.) IN this writ petition, following prayer is made by the petitioner: - -

(2.) ON 25.10.2012 while issuing notice to the respondent's effect and operation of order impugned dt. 06.10.2012 was stayed and petitioner was allowed to join the duty at the place where he was working. Further, a liberty was granted to the respondents for deciding application of the petitioner seeking voluntary retirement.

(3.) PER contra, learned counsel appearing for the respondents vehemently argued that in this case the order of transfer is under challenge, therefore, no prayer for voluntary retirement can be made by the petitioner. Further, it is submitted that two penalties were inflicted against the petitioner; therefore, during currency of those penalties the prayer of the petitioner cannot be accepted. Therefore, the application filed by the petitioner for voluntary retirement has been rejected on 02.11.2012, in which, there is no illegality, so also, transfer is an incidence of service, hence, this writ petition may be dismissed because being employee it is the duty of the petitioner to work at the place where his services are required.