Delhi High Court - Orders
Gyanankur vs Food Corporation Of India & Ors on 1 February, 2024
Author: Tushar Rao Gedela
Bench: Tushar Rao Gedela
$~60
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1463/2024
GYANANKUR ..... Petitioner
Through: Mr. Sachin Chauhan, Advocate
versus
FOOD CORPORATION OF INDIA & ORS. ..... Respondents
Through: None
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER
% 01.02.2024 (The proceeding has been conducted through Hybrid Mode) CM APPL. 6039/2024 (Exemption)
1. Exemption allowed, subject to all just exceptions.
2. Application stands disposed of.
W.P.(C) 1463/2024
3. This a petition under Article 226 of the Constitution of India, 1950 interalia seeking the following reliefs:-
" a. To Issue a writ in the nature of Mandamus or any other appropriate writ and to quash and set aside the list (roster for I inter zonal permanent transfer of Category II, III & IV) dated 31.3.2023 (annexure P-1) in respect of petitioner wherein application of petitioner regarding inter-zonal transfer from west zone to north zone (on spouse ground) has been put on hold.
b. To quash and set-aside order/communication dated 24.4.2023 (annexure P-2),/ 24.5.2023 (annexure P-3), 30.8.2023 & 22.9.2023 (annexure P-4) whereby the grievance W.P.(C) 1463/2024 1 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/02/2024 at 22:57:11 of petitioner spouse regarding inter-zonal transfer of petitioner has been rejected.
c. To direct the respondent that case of petitioner for inter- zonal permanent transfer from West Zone to North Zone be reconsidered in fa r manner forthwith (as per guideline contained in DoPT OM dated 30.9.2009 adopted vide Circular NO. EP- 03-2012-21 date 24.8.2012and transfer policy dated 22.3.2021) and then to transfer the petitioner from West Zone to North Zone.
4. Mr. Chauhan, learned counsel appearing for the petitioner submits that under the transfer policy dated 22.03.2021 of the FCI, the inter zonal transfer can take place in case the spouse of the employee is working in FCI, Central Government, All India Services, State Government or other PSUs in that particular zone. Accordingly, Mr. Chauhan submits that the wife of the petitioner is working as Permanent Assistant Teacher in Primary School at Block-Agauta, District-Bulandshahar under State Government of Uttar Pradesh and petitioner is having two minor children 3 years old and 6 months old and in accordance with the said policy, particularly clause 9.1 (a), the petitioner sought permanent Inter Zonal Transfer from West Zone to the North Zone.
5. Learned counsel draws attention of this Court to the permanent inter zonal transfer list dated 31.03.2023 and name of the petitioner is appearing at Sl. No.53 to submit that in case the vacancy in respect of Manager (Accounts) is taken into consideration, the petitioner would be first in the said list of the manager accounts who are seeking transfer. He submits that the respondent has unnecessarily put the W.P.(C) 1463/2024 2 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/02/2024 at 22:57:11 petitioner on hold as on 31.03.2023 and subsequently by way of letters dated 24.05.2023 and 30.08.2023, the respondent has clarified once the vacancy is available in the north zone, the case of the petitioner would be considered.
6. Learned counsel appearing for the petitioner submits that in the month of May, 2023, 70 employees as AG-1 (Accounts) were promoted to the post of Manager (Accounts) and as such the reason for putting the petitioner on hold on the lack of vacancy is untenable and not in accordance with the facts on record. Learned counsel submits that the refusal by the respondent in the above said circumstances is arbitrary and whimsical and as such is seeking interference of this Court under Article 226 of the Constitution of India, 1950.
7. Issue notice. On petitioner taking steps within a week, notice be served upon the respondent through all permissible modes.
8. Reply, if any, be filed within four weeks with an advance copy to learned counsel appearing for the petitioner. Rejoinder thereto, if any, be filed within four weeks thereafter.
9. List before the Registrar for completion of pleadings on 22.04.2024.
10. List for consideration on 12.07.2024.
TUSHAR RAO GEDELA, J FEBRUARY 1, 2024/ms W.P.(C) 1463/2024 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/02/2024 at 22:57:11