Allahabad High Court
Dhroov Chaudhary vs Union Of India And 3 Others on 6 September, 2022
Author: Neeraj Tiwari
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 33 Case :- WRIT - A No. - 11868 of 2022 Petitioner :- Dhroov Chaudhary Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Dharmendra Kumar Pandey Counsel for Respondent :- A.S.G.I. Hon'ble Neeraj Tiwari,J.
Mr. Shesh Mani Mishra, Advocate has filed Parcha on behalf of the respondents, which is taken on record.
Heard learned counsel for the petitioner and Mr. Shesh Mani Mishra, learned counsel for the respondents.
Present petition has been filed for quashing the impugned order dated 4.2.2022 passed by the respondent no.2 and revert back the petitioner to his earlier working place i.e. R.P.F. Post Agra (N.C.R.).
Learned counsel for the petitioner submitted that earlier petitioner has moved application for his Inter Zonal transfer from Central Railway Zone, Mumbai to North Central Railway (N.C.R.) Zone, Agra on the ground of working couple as his wife was also working in Railways. Accordingly, it was accepted and he has been transferred to North Central Railway (N.C.R.) Zone, Agra. He next submitted that vide order dated 4.2.2022 on the basis of incorrect facts, his transfer order has been cancelled. He next submitted that as per Directive No. 32 issued by Railway Board, tenure of inter zonal transfer is 5 years, but still petitioner has not completed the aforesaid period, therefore, transfer order is bad and liable to be set aside.
Per Contra, Mr. Shesh Mani Mishra, learned counsel for the private respondents submitted that after the transfer of petitioner, a complaint has been filed by his wife mentioning therein that she got married with petitioner on 17.4.2016 and at that time, she was posted as Constable in Rajasthan Police at Bharatpur. Further, on 31.7.2017, she fell down from the roof and got major injury in her spinal cord due to which the parts below her neck stopped working. After obtaining the transfer from working couple ground, petitioner has filed divorce petition in Family Court, Agra on 2.7.2019 and after a month of divorce, he got married with another girl. Therefore, the ground taken by the petitioner for inter zonal transfer is vague and based upon the incorrect facts.
Learned counsel for the petitioner could not dispute the aforesaid facts and submitted that divorce petition was allowed with the consent of parties.
I have considered the rival submissions advanced by the learned counsel for the parties and perused the record as well as impugned transfer order. It is undisputed that transfer was sought only on the ground of working couple and as on date divorce has taken place between the parties and present wife of petitioner is not working in Railway. The only ground of transfer on the basis of working couple is not in existence, therefore, I found no illegality in the impugned transfer order.
Accordingly, the writ petition is dismissed. No order as to costs.
At this stage, learned counsel for the petitioner submitted that due to inter zonal transfer at N.C.R. Zone, he has lost his seniority in Central Railway, Zone Mumbai. He requested that after submission of his joining at Central Railway, he may be given original seniority, which he was having at North Central Railway (N.C.R.) Zone.
Needless to say that after submitting his joining at Central Railway Zone, Mumbai, respondents shall restore his original seniority position which he was having prior to his transfer.
Order Date :- 6.9.2022 Junaid