Allahabad High Court
Ram Avtar vs Union Of India And 3 Others on 17 December, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD Neutral Citation No. - 2024:AHC:197204 Court No. - 5 Case :- WRIT - A No. - 17510 of 2024 Petitioner :- Ram Avtar Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Siddharth Khare,Sr. Advocate Counsel for Respondent :- A.S.G.I.,Pranjal Mehrotra, Yadvendra Pratap Singh Hon'ble J.J. Munir,J.
1. A personal affidavit has been filed on behalf of respondent No.4 in Court today by Mr. Pranjal Mehrotra, Advocate. Let it be taken on record and numbered by the office.
2. Heard Mr. Ashok Khare, Senior Advocate assisted by Mr. Aditendra Singh, learned Counsel for the petitioner in support of the motion to admit this petition to hearing and Mr. Pranjal Mehrotra, learned Counsel appearing on behalf of respondent Nos.2, 3 and 4.
3. This writ petition is directed against the order dated 18.10.2024 passed by the General Manager, Food Corporation of India, Regional Office, Lucknow, rejecting the petitioner's representation, seeking transfer to Divisional Office, Hapur from Divisional Office, Moradabad, instead of Divisional Office, Banda, where he has been transferred by an earlier order and now directed to join. Also under challenge is the order dated 06.08.2024 passed by the General Manager (Region), Lucknow, transferring the petitioner from Divisional Office, Moradabad to Divisional Office, Banda.
4. The petitioner is a Manager (Depot) with the Food Corporation of India. He was posted at the Divisional Office, Moradabad. By an order dated 06.08.2024 passed by the General Manager, Food Corporation of India, U.P. Region, Lucknow, the petitioner was transferred to Divisional Office, Banda. He challenged the said order by means of Writ-A No.12791 of 2024. It appears that the ground taken to challenge the order dated 06.08.2024 was that none of the three choices indicated by the petitioner as his stations of choice for transfer, to wit, Bulandshahr, Hapur and Bareilly, were considered or accepted. Instead, he was transferred to Banda.
5. It was pointed out on behalf of the petitioner in support of his claim in Writ-A No.12791 of 2024 that the petitioner's adjustment at Bulandshahr was possible as there existed a vacancy there. Lav Sharma, Manager (Depot) posted at Bulandshahr had been transferred to Aligarh. As the order of this Court passed in Writ-A No.12791 of 2024 would show that an affidavit was required to be filed regarding the status of vacancy at District Bulandshahr vide order dated 12.09.2024. A compliance affidavit was filed in the said writ petition, where it was stated that there exists no vacancy at Bulandshahr as the Officer, who was posted and transferred at Aligarh, was not relieved, because he had submitted his resignation, that was then pending consideration.
6. Be that as it may, it appears that lots of reconciliation were attempted before the Court for a suitable posting for the petitioner, but ultimately this Court on 30.09.2024 disposed of Writ-A No.12791 of 2024 in terms of the following orders:
"9. Be that as it may, since there is no vacancy at district Bulandshahar, therefore, the Court cannot direct for according due consideration on petitioner's request to be transferred at district Bulandshahar. However, since petitioner is coming with a case that there is vacancy at district Hapur regarding which a document has been brought on record along with rejoinder affidavit as annexure-3, this petition stands disposed of with a direction that in the event petitioner makes a representation afresh for being transferred at district Hapur against available vacancy within two weeks from today, the same be accorded due consideration by the competent authority, namely, respondent no. 4 and be disposed of in accordance with law by passing a reasoned and speaking order within a further period of two weeks.
10. With the aforesaid observations and directions, this writ petition stands disposed of."
7. It is in compliance with the said order that the petitioner submitted a representation to the General Manager (R), Food Corporation of India, Regional Office, Lucknow along with a copy of this Court's order dated 30.09.2024. The representation aforesaid was filed on 09.10.2024. It is this representation that has been rejected by the General Manager (R), Food Corporation of India, Regional Office, Lucknow by the impugned order dated 18.10.2024. The order, initially transferring the petitioner, dated 06.08.2024 is also under challenge in this petition.
8. Aggrieved, this writ petition has been instituted.
9. On 09.12.2024, a show cause notice was issued to the General Manager (R), Food Corporation India, Regional Office, Lucknow. In reply, a personal affidavit has been filed by Mr. Pranjal Mehrotra, Advocate in Court today. In paragraph Nos.3, 4 and 5 of the personal affidavit, it is averred:
"3. That it is respectfully submitted that as per the Revised Transfer Policy dated 05-10-2023, CAT-II officers will serve a normal tenure of 48 months, extendable up to 60 months, at a single station. A detailed information including preferences to assist in making transfer/postings are called.
Thus, in accordance with the Transfer Policy, the transfer of Managers, who had completed 5 Years at one station was done by FCI Regional Office Lucknow vide office order No. 200/2024/E.Ι dated 06.08.2024.
When an employee has previously submitted an 'own request transfer' application on his volition and / or when preferences are called by the Corporation for the request of being posted at a place of choice in writing and duly signed by the employee which is examined at the time of carrying out transfer postings, certain privileges will be lost by the employee in case the transfers are made as per their choice. However, the request/preferences are considered according to the administrative convenience. Since, in transfer, travel allowances are applicable, the employee is posted to a station where their skills and experience are need by the Corporation. The request/preferences are examined to see if any accommodation can be made possible without jeopardizing administrative convenience and requirement as well as financial interest. Therefore, the officer is given a chance to make his preference, which may or may not be accepted by the Competent Authority in the best interest of the Corporation.
4. That it is respectfully submitted that the petitioner did not give his preference/request in writing, duly signed despite written request made to him by DO-Moradabad vide email dated 22.3.2024.
Copy of the email dated 22.3.2024 sent by the FCI-Divisional Office, Moradabad seeking preference from the petitioner and the copy of the confirmation dated 19.9.2024 stating that no written request was given by the petitioner are being filed herewith and marked as Annexure No.1 to this affidavit.
5. That it is respectfully submitted that the preference given by the petitioner verbally only to the Divisional Office-Moradabad cannot be considered as own request transfer because the same has not been backed by written and duly signed preference."
10. This Court must say that whatever be the transfer policy of the Food Corporation of India, it is essentially an administrative matter for them to consider which employee would be suitable at what point of time to be posted at which station or establishment of theirs'. It is not in dispute that the petitioner holds a transferable post. Transfer is an exigency of service and no employee has a right to be posted at a particular station. Even if there is a transfer policy in a particular establishment, enabling the employee to exercise some choice, that is a matter between the establishment and the employee. Certainly, it does not give a cause of action to the employee to move this Court invoking our writ jurisdiction under Article 226 of the Constitution. After all, a transfer order, that is not vitiated by mala fides or contrary to a statute or statutory rules, is beyond the scope of this Court's scrutiny in the exercise of our writ jurisdiction.
11. There is no good ground to interfere with the impugned order.
12. This writ petition fails and is hereby dismissed. Costs easy.
Order Date :- 17.12.2024 Anoop/ Deepak (J.J. Munir) Judge