Point of law: Transfer is an incident of service and that a government servant is liable to the transferred to a similar post in the same cadre.

JUDGMENT :

V. Kameswar Rao, J.

1. The present petition has been filed by the petitioner with the following prayers:

“It is most respectfully prayed that in view of submissions made herein above this Hon'ble Court may kindly be pleased to :

i. Issue an appropriate writ, order or direction to quash the transfer and release of Petitioner from NTPC-Faridabad to RIO Chennai (Tamilnadu) vide order No.319/2019 Date: 06.12.2019 (Annexure-PI).

ii. Declare that Change of cadre of petitioner from Jr. Chemist (Chemistry Department) to Jr. Officer (EEMG) is illegal and malafide.

iii. Cost of the present proceeding be awarded in favour of the petitioner and against the respondents; and

iv. Pass such other and further orders/directions as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.”

2. The short issue that arises for consideration in the present petition is the transfer of the petitioner from the post of Jr. Chemist at NTPC, Faridabad, Haryana to the post of Jr. Officer, Energy Efficiency Monitor Group (‘EEMG’ for short) at the Regional Inspection Office (‘RIO’ for short), Chennai, Tamil Nadu vide order no. 319/2019 dated December 6, 2019 (‘impugned order’ hereinafter) is justified.

3. The case of the petitioner is that the said transfer is actuated with malafides, is vindictive and in violation of the transfer policy of the respondents. As per the averments made in the petition, the case of the petitioner is that the transfer order which was received by the petitioner on December 11, 2019 bypassed the existing company procedures such as the Whistle Blower Policy; contrary to the recommendations of the Medical Board, change of cadre, i.e., from Jr. Chemist to Jr. Officer (EEMG) which according to the petitioner does not exist at the RIO of the respondent company at Chennai.

4. Before turning to the merits of the controversy I may first reproduce the factual background concerning the instant petition.

(a) The petitioner joined the respondent Company on July 15, 1991 as an Assistant (DM Plant) Chemistry Section at NTPC, Anta Gas Power Project, Rajasthan (‘NTPC Anta’, for short) through an open recruitment advertisement for vacancy at the Anta Gas Power Project.

(b) On promotion he was re-designated as Jr. Chemist at NTPC Anta. The petitioner continued on that post from July 15, 1991 to May 11, 2012 after which he was transferred to the Commercial Office of the respondent No.1 at Jaipur.

(c) The petitioner was then again transferred to the Power Project in Faridabad, Haryana w.e.f. December 31, 2014 and has since been working there. As per the averments in the petition, the petitioner was awarded for his long service of more than 25 years.

5. Mr. Om Prakash Gupta, learned counsel who appears for the petitioner, stated that the impugned order is not based on any administrative requirement but has been effected for extraneous reasons. He stated that the respondents’ exercise of power in issuing transfer order is an example of malice in law. According to him the earlier two transfers of the petitioner were also motivated with malice. He stated that when the petitioner was posted at NTPC, Anta, the petitioner had served as General Secretary of Rashtriya Taap Vidyut Karamchari Sangathan (‘workers’ union’, for short) from the year 1999 onwards. Being an office bearer of the workers’ union, he was involved in various issues concerning benefits of the employees and had initiated many litigations on behalf of the workers’ union. During his tenure he had also raised various issues concerning corruption and performance related payment issues before various fora. He stated that it was because of his functioning and taking part in the activities of the workers’ union, petitioner’s activities were seen as problematic and it is for these reasons, he was shifted from NTPC, Anta to the Office at Jaipur through spot transfer, i.e., the petitioner was issued the transfer and release order on the same date. The transfer to NTPC