Sahi Ram vs Defence on 24 May, 2023
"It is to be noted that the aforementioned circulars of 2006 and
2009 issued by the railways was only to avoid a situation of the
present nature as has happened in the present case. The said
Circular in categorical terms prohibits any such withdrawal of the
consent for mutual transfer. It is not in dispute that mutual
transfer is a scheme and once an employee seeks to take benefit
of the scheme, the terms and conditions of such scheme cannot
be said to be conditions in terrorem or conditions opposed to
contract or conditions opposed to freedom of contract. There was
no compulsion on either party to agree to a mutual transfer inter
se. They voluntarily on his own given consent for mutual transfer
and in terms of the Circulars referred to above, it was not open
7- O.A. No. 1430/2021
for either party to resile from the conditions stipulated therein. It
was therefore not open for the applicant to withdraw his consent
by his representation since the order for mutual transfer had
already been passed prior to the submission of the
representation."