Calcutta High Court (Appellete Side)
Sunil Mahata vs Union Of India And Others on 30 April, 2013
Author: Nishita Mhatre
Bench: Nishita Mhatre
1
20 30.4.13
rpan Ct. No.17 W.P.C.T. No. 156 of 2013
In the matter of: Sunil Mahata
- Petitioner
Vs.
Union of India and others
- Respondents
Mr. Supriyo Bhattacharya ... for the Petitioner The Petitioner is aggrieved by an order of transfer, issued to him on 8th July, 2011.
Initially, the Petitioner was transferred to Adra on 6th April, 2007. Thereafter, a transfer order was issued on 27th November, 2008 posting him at another place. That order was cancelled on 6th February, 2009. Later another order was issued on 27th February, 2009 transferring him to Ramkanali. That order was also cancelled on 8th March, 2010. The final order of transfer was dated 8th July, 2011.
The Rules relating to transfer of railway employees, including Group - 'D' staff such as the Petitioner, indicate that employees, holding sensitive posts or who frequently come into contact with public or with the contractors / suppliers, are required to be transferred every four years.
We have ascertained from the learned advocate for the Petitioner that despite the aforesaid transfer orders, the Petitioner continued to physically work at Adra. He was never required to work at any of the places of transfer. Obviously, therefore, wiser counsel had prevailed and the Respondents had cancelled the Petitioner's orders of transfer as four years had not elapsed after the Petitioner's transfer to Adra. 2 We do not find that there is any need to stay the transfer order which has been challenged by the Petitioner. The contention that he was harassed by the issuance and cancellation of the transfer orders is of no avail to the Petitioner, prima facie, since, in fact, the Petitioner was not required to work physically at any other place but Adra. In our opinion, the petition does not deserve to be admitted. Petition dismissed. However this does not reflect on the merits of the Petitioner's case in the Original Application.
(Nishita Mhatre, J.) (Anindita Roy Saraswati, J.)