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IN THE HIGH COURT OF DELHI AT NEW DELHI
V. Kameswar Rao, Anoop Kumar Mendiratta, JJ.
Sumiran Kumar – Appellant
Versus
Union of India & Ors. – Respondents
W.P.(C) 8441 of 2023, CM Appl. 32156 of 2023
Decided On : 25-07-2023
Exemption - Transfer Order - The court disposed of the petition challenging a transfer order by directing the petitioner to first join the place of posting and then make a representation to the respondents, with the direction for the applicant's wife to apply for transfer to the same place as the husband. The respondents were directed to consider the grievance of the applicant as per the Department of Personnel and Training's guidelines and in accordance with the law.
Fact of the Case:
The Writ Petition challenged a transfer order by the Central Administrative Tribunal, which directed the petitioner to join the place of posting and make a representation to the respondents, with a direction for the applicant's wife to apply for transfer to the same place as the husband.
Finding of the Court:
The court disposed of the petition, subject to the fact that the respondents dispose of the representation in terms of the directions given by the Tribunal.
Issues: Challenge to transfer order, direction for petitioner to join place of posting and make representation, direction for applicant's wife to apply for transfer, and the respondents' obligation to consider the grievance as per the guidelines and in accordance with the law.
Ratio Decidendi: The court's decision was influenced by the directions given by the Tribunal regarding the petitioner's course of action and the respondents' obligation to consider the grievance as per the guidelines and in accordance with the law.
Final Decision: The petition was disposed of, subject to the fact that the respondents dispose of the representation in terms of the directions given by the Tribunal.
JUDGMENT
V. Kameswar Rao, J. (Oral)
CM APPL. 32157/2023
Exemption allowed subject to all just exceptions.
Application is disposed of.
CM APPL. 32158/2023
For the reasons stated in the application, the application is allowed and additional documents are taken on record.
Application is disposed of.
W.P.(C) 8441/2023, CM APPL. 32156/2023
1. The challenge in this Writ Petition is to an order dated May 30, 2023 passed by Central Administrative Tribunal (in short "Tribunal") in O.A. 1577/2023, wherein the challenge of the petitioner to his transfer order dated May 18, 2023 to Shivakasi, Tamil Nadu, has been disposed of by the Tribunal by stating in para 15 as under:
"15. With the above observations, the prayer for interim relief is rejected. The OA is disposed of at the initial stage with the direction to the applicant to first join the place of posting and then make a representation to the respondents and as noted in para 8 above, the applicant's wife may also apply for transfer to the same place as his husband. As soon as the applicant makes the representation, the respondents may consider the grievance of the applicant as per the Department of Personnel and Training's guidelines on the subject and in accordance with law."
2. Mr. Raju states, he shall not press this petition subject to the fact that the respondents dispose of the representation in terms of the directions given by the Tribunal.
3. Mr. Dhanda, who appears for the respondents states that the representation shall be disposed of within four weeks from today, with a communication to the petitioner.
4. Taking the statement of Mr. Dhanda on record, the petition is disposed of.
5. Application is disposed of as infructuous.
The court emphasized the importance of following the directions given by the Tribunal and the obligation of the respondents to consider the grievance as per the guidelines and in accordance with the ....
The court emphasized the duty of the petitioner to obey the transfer order and found no violation of the spouse posting mandate or public interest.
The court upheld the administrative authority's discretion in transfer orders while ensuring the employee's right to raise grievances through representation.
The petitioner seeking a remedy under new guidelines in a separate case before the Tribunal rendered the petition challenging the earlier order of the Tribunal infructuous.
Judicial review of government servant transfers limited to malafides or statutory violations; no vested right to specific posting; policy-compliant orders not interfered with despite family claims.
In the interest of justice, the court directed the respondents to treat the petition as a representation and decide within a specified timeframe.
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