( 1 ) THIS Court is called upon to decide whether the action of the respondent in transfering the petitioner who is working as Deputy Manager (Personnel and administration) as Officer on Special Duty, with effect from 03-04-1995 vide his proceedings No. II:adm:63:95, dated 14th march, 1995 and in directing him to assist marketing, Accounts and Purchase departments on the matters enumerated in his proceedings No. IIL:9. 1:019;051, dated 10/11-04-1995 is legal and sustainable in law.

( 2 ) BY order dated 07-02-97, I directed the respondent Corporation to produce the advertisement said to have been issued in the year 1979, pursuant to which the petitioner was selected and was given posting as Personnel and Administrative Officer by the respondent Corporation in its proceedings ref. No. HYD: II: PER: 2535a, dated 30-09-1982. In Memo dated 2nd December, 1995, the corporation stated that the file is not available in the office in the following terms:"a copy of the advertisement issued in the year 1979 against which the petitioner was recruited for the post of Assistant executive (P and A), not traced, since the file pertaining to advertisement in the year 1979-80 not traceable. However, documents listed in the enclosures at sl. Nos. 11 and 12, establish the fact that the writ petitioner was recruited against the posting of Assistant Executive (P and A ). "

( 3 ) THE petitioner seemed to have been appointed to this post taking into consideration his past experience in Personnel and Administrative Departments in various offices enumerated in Para-3 of the affidavit filed in support of the writ petition. Thereafter by proceedings No. II: ADM:51:87:9309, dated 19th February, 1987, the petitioner was appointed as Assistant Manager again in the personnel and Administration Department. Once again in 1992, the respondent corporation by its proceedings dated 17th July, 1992 appointed the petitioner as Deputy manager in Personnel and Administration department. For the present, it is suffice to state that the Personnel and Administration department is expected to look after the personnel Management and Industrial relation matters. Deputy Manager (P and A) seemed to be the head of this department and as the nature of duties are mostly administrative in nature and includes laying down policy decisions working out strategies in the area of industrial relations, personnel management, General Administration, security and assigning duties and responsibilities to his subordinate staff.

( 4 ) WHILE the petitioner was working in that capacity, the respondent unit transfered his services to National Dairy Development board, (for short n. D. D. B. ) Anand, till further orders stating that he needs further training and exposure in Human Resources development (for short h. R. D. ) and organisational Development (for short o. D. ) by Proceedings No. IIL:9:1:019:p218, dated 29th August, 1994. The said order says that the petitioner is attached to H. R. D. Department of N. D. D. B. for training purpose and he will be governed by the Indian immunological Rules and Regulations. Having received the said orders, the petitioner by his representation dated 2nd September, 1994 while agreeing to proceed to N. D. D. B. for training, brought to the notice of the respondent Unit that the training period was not mentioned and the order stated that he was transfered to N. D. D. B. , which may not be correct. On the same day by another representation, the petitioner categorically stated that as his appointment is in respondent unit, he cannot be transfered outside the unit, more so without obtaining his express written consent for transfering his service to n. D. D. B.

( 5 ) BUT, the respondent seemed to have not responded to these representations and the petitioner reported at N. D. D. B. for training on 6th October, 1994. While he was undergoing training in N. D. D. B. , the Adviser and Chief Executive of the respondent Unit issued the impugned off