High Court Of Delhi
PREM DUTT PARASHAR - Appellant
Versus
BUREAU OF INDIAN STANDARDS - Respondent
Civil 1574 of 1990
Decided On : 08/22/1990
Transfer - Bureau of Indian Standards Act, 1986 - The court upheld the transfer of senior officers by the Bureau of Indian Standards, emphasizing that transfer is an incidence of service, particularly in an All India Service. The court found the transfer policy to be reasonable and in the public interest, rejecting the petitioners' contentions regarding personal grievances and the applicability of a Central Government circular.
Fact of the Case:
The petitioners, senior officers of the Bureau of Indian Standards, challenged their transfer to different branches, citing personal grievances and arguing that the service regulations did not provide for any transfer.
Finding of the Court:
The court dismissed the writ petitions, upholding the transfer orders and emphasizing that transfer is an incidence of service, and the Bureau's transfer policy is reasonable and in the public interest.
Issues: The issues involved the transfer of senior officers, the applicability of service regulations, personal grievances, and the interpretation of a Central Government circular.
Ratio Decidendi: The court held that transfer is an incidence of service, and the Bureau's transfer policy is reasonable and in the public interest. Personal grievances such as disturbance in education or illness of family members were deemed common inconveniences and not grounds to avoid transfer.
Final Decision: The writ petitions were dismissed in limini, upholding the transfer orders of the senior officers by the Bureau of Indian Standards.
( 1 ) BUREAU of Indian Standards was established under the Bureau of Indian Standards Act, 1986. It has its headquarters at New Delhi and 17 branch officers in various parts of India. These petitions are filed by seven scientific cadre officers against their transfer to different branches by Bureau s order dated 4th May, 1990. It may be noted that a bout 80 officers were transferred from one branch to another and some to the headquarters at Delhi. More than 70 officers have already moved out on transfer to different places.
( 2 ) THE petitioners are senior officers who are getting more than Rs. 4,000. 00 as carry home salary. There are no malafides alleged against the respondents in passing transfer orders. The contention of the petitioners is that the service regulations laying down terms and conditions of service of employees do not provide for any transfer and, therefore, their services are not tarnsferable. The petitioners have also made personal grievances such as disturbance of the education of children or illness of old parents, not being considered by the respondents, while issuing the transfer orders. The petitioners have also submitted that their wives working as teachers in Delhi Administration. Relying on the Circular No. O. M. No. 28034 /7/86-Estt (A) dated 3. 4. 1986 of the Central Government it is argued that since their wives are working in Delhi they cannot be transferred out of Delhi. The respondents, however, submit that the appointment orders of the petitioners clearly state that their services are transferable. It is also argued that the transfers are in the interest of the services as well as. the officers. They have evolved what is called placement policy in 1990. The gist of the policy is that the scientific cadre officers should have opportunity to acquire insight into the functions and problems of its different activities through actual work experience and job rotation. It is further stated that the Standards Formulation activity is carried out only at Headquarters (New Delhi), and it is, therefore, necessary that the officers working in the Regional Branches are transferred to Delhi to require the specialised expert knowledge and experience in the said field. That rotation of officers is thus necessary for unproving efficiency and the experience of the officers so as to secure optimom efficiency in the working of the bureau.
( 3 ) TRANSFER is an incidence of service particularly where the service is an All India Service. It is not necessary in law that the transfer policy should be. specifically laid down in the service regulations. No person has a right to be appointed or posted at a particular place of his choice permanently. The policy enunciated by the Bureau is eminently reasonable and is in public interest. Every officer who is working in the service has not only a right but duty, to get himself familiarised with the scientific activities carried out at the headquarters including standard formulation activities carried out at the headquarters. Thus the transfer policy does not suffer from any arbitrariness or vindictiveness.
( 4 ) THE grievance of some of the petitioners such as disturbance in the education of the children of illness of elder members of family are incon- veniences which are common to every employee and nobody can avoid transfer merely on such grounds. The regional branches are located in the big cities in India where both educational and medical facilities are available. We do not think that the Central Government circular applies to the institution like the Bareau. The Central Government has its officers all over India and it is possible to transfer both husband and wife who are working in the Central Government to one place. The circular in question does not rule out transfers where any other spouse is also working but only tries to accommodate both for as possible to the place where both can work. The wives of the two petitioners are working as teachers in Delhi A
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.