Orissa High Court
Sarat Kumar Chhotaray vs Zonal Manager on 20 June, 2024
Author: R.K. Pattanaik
Bench: R.K. Pattanaik
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.14295 of 2024
Sarat Kumar Chhotaray .... Petitioner
Mr.D.K. Panda, Advocate
-Versus-
Zonal Manager, LIC of India, East .... Opposite parties.
Central Zone, Patna and others
Mr.B.P.
B.P. Tripathy,
Tripathy AGA
CORAM:
MR. JUSTICE R.K. PATTANAIK
ORDER
20.06.2024 Order No.
01. 1. Heard learned counsel for the Petitioner.
2. Instant writ petition is filed by the petitioner challenging the order of transfer dated 24th May, 2024 i.e. Annexure-7 7 and to allow him to continue at Bhubaneswar on the grounds stated therein
3. Learned counsel for the petitioner submit submits that the petitioner moved the Authority concerned with a representation(Annexure Annexure-6), which was disposed of by a cryptic order as at Annexure-7.
Annexure It is further submitted that the petiti petitioner is aged ed about 57 years and is to retire in 2027, hence, with without a tenure of three years at Bhubaneswar, he should not have been transferred to Berhampur in view of the Transfer and Mobility Policy for Class Class-II Officers, a copy of which is at Annexure Annexure-5. In course e of hearing, learned counsel for the petitioner refers to Clause 5(d) of the said policy to contend ontend that the normal period of posting should be three years, years whereas, whereas in the case of the petitioner, the transfer has been ordered before the said Page 1 of 3 period, inasmuch much as as, he is posted as Administrative Officer, Officer LIC, Bhubaneswar, Khordha since last two years.
4. The relevant clause referred to herein erein above is reproduced below:
"5(d).Normal Normal Period of Posting::
Posting Continuous positing of officers in the cadre of ADM and above in SAME POSITION for a period of 3 years and in SAME STATION for a period of 6 years (For Metros it is 10 years)& years)& continuous positing of officers in the cadre of AAO/AO in SAME POSITION for a period of 3 years and in SAME STATION for a period of 8 years (For Metros it is 10 years) after which an officer becomes due for Redeployment/ Transfer. Period spent on Deputation in the same station shall also be taken for computing NPP."
NPP.
5. Referring to the said policy of LIC, it is claimed by the petitioner that he should have been allowed to remain at the present place of positing at least for a period of 3 years and that to too when is aged about 57 years and to retire in 2027. Clause 6 and Clause 11 of the said policy have also been cited to the Court to claim that such transfer of the petitioner before expiry expir of the period is not justified.
6. Since there is a representation submitted earlier and it has been disposed of vide Annexure Annexure-7 7 and the Court finds that the same is a cryptic one without assigning any reason r therefor,, it is of the view that such grievance is to be re-examined re by opposite party arty No.3 keeping view of the Transfer and Mobility Policy vis-à-vis vis Class-I Class Page 2 of 3 Officers. In other words, the Court is of the conclusion that before any such transfer of the petitioner, the decision of opposite party No.3 should appear to be consistent with the he transfer policy.
policy
7. Hence, it is ordered.
8. In the result, the writ petition stands disposed o off with a direction to opposite party No.3 to once again consider Annexure-6 6 which is restored to file and to take a decision on the transfer of the petitioner ner vide Annexure Annexure-4 4 in the light of the Transfer and Mobility Policy in respect of Class-I Class Officers at the earliest preferably within a period of ten days from today and till such time, such an order of transfer with respect to him shall be kept in abeyance.. It is further directed that if necessary, there shall be a personal hearing of the petitioner by opposite party No.3 on the representation i.e. Annexure-6.
9. Urgent copy of this order be issued as per rules.
(R.K.Pattanaik) Judge Rojina Signature Not Verified Digitally Signed Signed by: ROJINA SAHOO Designation: Junior Stenographer Reason: Authentication Location: OHC, CTC Date: 21-Jun-2024 19:41:46 Page 3 of 3