Rajasthan High Court - Jodhpur
Om Prakash Midha vs Union Of India(Home Affairs) & Ors on 7 September, 2011
Author: Govind Mathur
Bench: Govind Mathur
1
S.B.CIVIL WRIT PETITION NO. 7964/2011
Omprakash Midha
Vs.
Union of India and Ors.
Date of Order :: 7.9.2011
HON'BLE MR. JUSTICE GOVIND MATHUR
Mr. Muktesh Maheshwari, for the petitioner/s.
...
This petition for writ is preferred to challenge the order dated 14.7.2011, whereby the representation submitted by the petitioner ventilating his grievance pertaining to transfer made under the order dated 27.4.2011 has been considered and rejected.
It is submitted by learned counsel for the petitioner that the petitioner's wife is in employment of the State Government and therefore, the effect of the order of transfer shall be uprootment of the petitioner's family and separation of the spouses, who are require to be stationed at one place. It is also urged that the mother of the petitioner is suffering from serious ailment and petitioner is only male member to lookafter her, as such, order of transfer is having an essence of arbitrariness also, but all these issues have not been adequately considered by the competent authority, while deciding the representation.
I do not find any merit in the arguments advanced. 2 The competent authority has taken into consideration all the relevant aspects and then rejected the petitioner's representation. The consideration made by the authority deserves to be quoted :-
"4. In respectful compliance of Hon'ble Court Order dated 17/5/2011, the grounds referred above, as raised by the petitioner, have been duly considered and are replied as under:-
(a) That as far as the grounds
mentioned in para 3(a) & (b) are
concerned, service in BSF Sr. Secondary Schools is transferable and staff of BSF Sr. Secondary School is liable to be transferred to any of the BSF Sr. Secondary Schools subject to the policy laid down in this regard. Further, when the petitioner joined the service at BSF Sr. Secondary School he was made aware of the fact that the post is transferable and he may be transferred to any of the BSF Sr. Secondary Schools.
Hence, transfer is an essential
component in the service of BSF Sr.
Secondary Schools. Further, BSF
Education Fund Society, being a private Society, the staff serving in the schools run by BSF Education Fund Society are also private employees and not Govt. employees. Moreover, the petitioner has not submitted any medical documents regarding the ill health of his mother or his own ill health and never raised such plea before his transfer. Hence these 3 grounds are without any substance. Moreover, Kadamtala (Siliguri) West Bengal, where the Petitioner has been posted, has very good Hospitals equipped with all facilities and, therefore, the plea of ill health of his own or his mother, do not have much weight.
(b)- That, as far as the grounds mentioned in para 3(c) are concerned, in BSF Education Fund Society, the policy of transfer of employees after completion of 05 years of service in a location has been followed meticulously, keeping in view the efficiency of administration of BSF Sr. Secondary Schools and welfare of the employees. In the case of the petitioner, he is serving in BSF Sr. Secondary School, Sriganganagar w.e.f. 21/11/1991 i.e., his date of appointment and completed almost 19 years of service in BSF Sr. Secondary School, Sriganganagar. Further the petitioner alongwith other staff who served in BSF Sr. Secondary School Sriganganagar for more than 05 years were posted to BSF Sr. Secondary School located in other places as per recommendation of Chairman of concerned BSF Sr. Secondary School. Hence the transfer of the petitioner is made as per laid down policy and only for the purpose of improving the efficiency of administration of BSF Sr. Secondary School. Hence this ground raised by the petitioner also lacks substance.4
(c)- In reply to ground 3(d), it is submitted that the petitioner alongwith other employees of BSF Education Fund Society working at different Schools have been transferred on administration grounds.
5. That in respectful compliance of Court Order dated 17/5/2011 passed in SB WP No.4220 of 2011 the representation of the petitioner namely Shri Om Prakash Middha for cancellation of his posting to BSF Sr. Secondary School Kadamtala has been duly considered by the Competent Authority. In pursuance to the said transfer order, Shri Om Prakash Middha, the petitioner has been relieved from Sriganganagar on 23/5/2011. Further, Shri Gaurav Singh Solanki, reliever of the petitioner, has joined his duties at BSF Sr. Secondary School, Sriganganagar on 10/6/2011. Transfer is an incidence of service and are issued in Public interest. Even the Hon'ble High Court, which disposing of the WP, has observed that the transfer is an incident of service. Submission made by the Petitioner in his representation have been considered in the light of above said settled proposition of law and in the best interest of the organization i.e., BSF Sr. Sec School & BSF Education Fund Society. Submissions made in the representations lack merit and accordingly representations are rejected."5
It is well settled that the courts are not required to interfere with an order of transfer unless that is in violation of statue or is an outcome of malafide or is shockingly arbitrary. None of the exigencies exist in the present case. The transfer of an employee is a normal contingency of service. A little inconvenience due to change of place is obvious, but that has to be borne by the employee to execute the transfer. In the case in hand, the petitioner was posted at Sriganganagar since 1991 and the respondents have transferred him purely in administrative exigency, as such, no interference with that by this Court is warranted. The petition for writ is dismissed accordingly.
The petitioner may request to the competent authority for extension of joining time at the transferred place, if that is required. The request made by the petitioner shall be considered by the competent authority sympathetically and in accordance with law.
(GOVIND MATHUR), J.
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