LAWS(RAJ)-2007-1-18

GANESH CHANDRA JOSHI Vs. UNION OF INDIA

Decided On January 17, 2007
GANESH CHANDRA JOSHI Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) BY the instant writ petition under Article 226 of the Constitution of India, the petitioner seeks to quash the order Annex. 7 dated 18. 4. 2006 and order Annex. 13 dated 24. 5. 2006 passed by the respondent No. 3.

(2.) I have heard learned counsel for the parties.

(3.) FROM the facts stated, it is clear that not only the petitioner, but the similarly situated persons have also been transferred and the transfer of the petitioner is in the larger interest of the Organisation as per the availability of work on a particular site or place. The petitioner was transferred from Bikaner to Jaisalmer, but since there was paucity of work and keeping in view the larger interest of the organisation, the unit to which the petitioner was transferred, along with five other units, has been shifted to Arunachal Pradesh and therefore, not only the petitioner has joined at Arunachal Pradesh but all the persons who were posted to the unit 337 SPL/95 RCC (P) Chetak have joined at Arunachal Pradesh. Even the administrative Instructions Annex. 14 dated 03. 2. 1976 does not speak that a person cannot be transferred from one unit to another unit. It makes hardly any difference even if the person is transferred from Static unit to Non-static formation. It cannot be said that any statutory right has been violated in such transfer.