R.K. SHARMA, S/O LATE SH. PURAN CHANDRA SHARMA Vs. CHAIRMAN, AIRPORT AUTHORITY OF INDIA, RAJIV GANDHI BHAWAN, SAFDARJUNG AIRPORT, NEW DELHI.

JUDGEMENT

(1.) This appeal seeks to challenge the judgment of learned Single Judge dated 29.05.2017, whereby the writ petition filed by appellant-R.K. Sharma, who is working as Assistant General Manager at Sanganer Airport with the respondents, challenging the order dated 3.3.2017 vide which he was transferred from Jaipur to Delhi and the order dated 17.5.2017, rejecting his representation filed against that transfer order, has been dismissed.

(2.) Shri Suresh Kashyap, learned counsel for the appellant has argued that the appellant was transferred to Mumbai vide order dated 1.2016 on promotion to the post of Dy. General Manager (Commercial). He had forgone the promotion due to his family circumstances as his mother aged 83 years is bed ridden and out of his two daughters, one is studying at Jaipur. Since the appellant is due to retire in April, 2019, he is left with only two years to serve the respondent. Clause 6 of the Transfer Policy of AAI provides for transfer nearer to home town or exemption from transfer, of employee, who is going to retire within five years. As per clause 3(ii) of the Circular dated 27.02014, the period of superannuation zone has now been reduced from five years to three years.

(3.) Learned counsel for the appellant argued that the learned Single Judge has erred in law in not following the ratio of the judgement of Division Bench of this Court in Dr. (Smt.) Pushpa Mehta v. Rajasthan Civil Services Appellate Tribunal & Ors., RLR 2001 (1) page 398 wherein it was held that the employee should not be transferred if his retirement is due within next two years. Similar view has been taken by division bench in Dev Prakash Chugh v. State of Punjab & Ors., 2006 (1) LLN page 975.