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Cites 2 docs
The Information Technology Act, 2000
Article 226 in The Constitution Of India 1949

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Rajasthan High Court
Suresh Kumar Shrichandani vs Union Of India & Ors on 22 November, 2012
    

 
 
 

 
Suresh Kumar Shrichandani	Vs. 	Union of India & Others 
(S.B. Civil Writ Petition No.7542/2010)

Date: November 22, 2012.

HON'BLE  MR. JUSTICE ALOK SHARMA

Mr. Ram Babu Sharma, for the petitioner.

	This petition has been filed challenging the order dated 7-8-2009 passed by respondent Insurance Company transferring the petitioner, Hindi Translator (Assistant Grade), from the company's Divisional Office Ajmer to its Regional Office at Jaipur. 

Heard learned counsel for the petitioner and perused the material available on record of the writ petition.

It is trite that the an order of transfer is an order passed in administrative exigencies at the discretion of the employer seeking to best deploy its personnel. The Hon'ble Supreme Court has held in a catena of cases that an order of transfer cannot be interfered with unless it is vitiated by malafides or is in contraventions of statutory Rules. None of the aforesaid two grounds has been pointed out by the counsel for the petitioner. Learned counsel for the petitioner has however sought to rely upon the Transfer and Mobility Policy (hereinafter `the TMP') of the respondent company to contend that the petitioner is suffering from kidney stone, and consequently by virtue of TMP, he could not have been transferred from Ajmer to Jaipur. But a bare look at the TMP dated 22-5-2009 annexed with the writ petition as Annexure-3A indicates that where an employee or his spouse or of any defendant children are suffering from serious diseases such as Cancer, Leprosy, TB, Paralysis, Brain Tumor, Cardiac ailment, Kidney disease, Mental diseases, and Aids, subject to satisfaction (verification) of the competent authority such employee not ordinarily be transferred from one station to another. The petitioner states to suffer from Kidney stone but this is evidently not a serious disease of the nature covered under the TMP to entail in the petitioner a right to be exempted from transfer. The kidney disease as referred to in the array of serious disease along with cancer, AIDs, Brain Tumor etc. has to be understood as chronic renal failure and not lesser affliction such as kidney stone which are not life threatening. The petitioner thus cannot find any succour in the exemption under the TMP.

Learned counsel for the petitioner has further submitted that the petitioner has been transferred from Ajmer to Jaipur on the erroneous ground that Parliamentary Rajsabha Samiti, has directed that Hindi Translator should be posted only at Regional Office or Head Office of the company. Counsel submits that the petitioner had tried to obtain a copy of such a purported order passed by the Parliamentary Rajsabha Samiti, under the provisions of Right to Information Act, but was informed that no such an order has been passed by the Parliamentary Rajsabha Samiti. On a query being put to the counsel, he clearly admits that the respondent Insurance Company has a Regional Office at Jaipur with a post of Hindi Translator (Assistant Grade). The work of Hindi Translator at the Regional Office for exceeds the load at Divisional Office Ajmer. Further there is nothing on record to establish any prohibition in the exercise of the respondent Insurance Company power to deploy its personnel in whatever location it evaluates to be in its best interest. And in any event the petitioner has already complied with the transfer order dated 7-8-2009 and joined at Jaipur which indisputably has better medical facilities. No malafides and/or contravention of statutory rules or binding policy on transfers having been established the petitioner has no case to be addressed under Article 226 of the Constitution of India.

In view of above, I find no force in the petition and the same is dismissed. Stay application also stands dismissed.

(Alok Sharma),J.

arn/ All corrections made in the order have been incorporated in the order being emailed.

Arun Kumar Sharma, Private Secretary.