Transfer of government servants is governed by exigencies of service, and individuals cannot claim specific postings, especially regarding teaching designations without meeting established criteria.

JUDGMENT

Anoop Kumar Mendiratta, J.

1. A writ petition has been preferred on behalf of the petitioner under Article 226 read with Section 227 of the Constitution of India challenging the order dated May 24, 2022 passed by the Central Administrative Tribunal (in short `Tribunal') whereby the petition seeking following reliefs was dismissed:

"A. Quash the transfer Office order No. F.57-T & P/E-I LNH/995 Dated 14/09/2021 (Annexure A1) issued by Dr. Sunil Austin Francis (Addl. Medical Superintendent A) with the prior approval of the Dr. Suresh Kumar Medical Direc1or, Lok Nayak Hospital and transfer Dr.Abhishek Kumar to his speciality department (Department of Orthopaedics, Lok Nayak Hospital, Delhi).

B. Issue directions to Medical Director, Lok Nayak hospital and Dr Sunil Austin Francis, Addi. Medical Superintendent (A) to forward Dr Abhishek Kumar's (Applicant) application to Delhi Secretariat and LG Office for granting him equated teaching designation (Assistant professor) in Lok Nayak Hospital, Delhi."

2. In brief, as per the case of the petitioner, he is working as General Duty Medical Officer (GDMO), Lok Nayak Hospital since January 12, 2021 AND is an MBBS along with MS (Orthopaedics) with about six years experience in Orthopaedics surgery including teaching experience prior to joining Lok Nayak Hospital. The petitioner was appointed as Medical Officer in Delhi Medical Services and given a posting at Lok Nayak Hospital. The grievance of the petitioner is that despite his qualification, he was ill-treated/harassed by the senior doctors and Professor Orthopaedics Department on account of his alleged mis-behaviour on earlier occasions. Further, despite his representation, no action was taken against the concerned senior doctor and the petitioner was shifted from Orthopaedics Department and posted at Ramleela Maidan Covid Centre. Thereafter, vide order dated September 14, 2021, the petitioner was transferred to Accident & Emergency (A&E) Department, Lok Nayak Hospital but not at Department of Orthopaedics, Lok Nayak Hospital, Delhi. The aforesaid posting by the respondents is stated to have been made to harass and penalize the petitioner for highlighting the irregularities. It is claimed that as per Delhi Health Services Rules, the post graduate Medical Officers should be posted in the Department in which the Doctor holds the specialty and the same has been denied in the case of the petitioner. The respondents also refused to forward the application of the petitioner for granting him Equated Teaching Designation (Assistant Professor) despite his eligibility, whereas cases of other doctors were forwarded. The representations and complaints were further referred in support of the averments.

3. As per the stand of the respondents before the Tribunal, the petitioner had been appointed as General Duty Medical Officer and joined his duties at Lok Nayak Hospital, Delhi w.e.f. January 12, 2021. Petitioner was initially posted in the Orthopaedics Department and later on, in view of pandemic and rising Covid cases, was posted at Ramleela Ground Special Covid facility along with four senior medical officers. On improvement of situation, the petitioner was posted back in Casualty Department (A & E) as per requirement. It was further submitted that General Duty Medical Officers can be posted at any Department as per requirement of the Hospital in public interest. Further, the allegations made by the petitioner against the Head of Department, Orthopaedics were investigated by the Inquiry Committee but no substance was found and the Committee was of the impression that the petitioner created the bogey of `mental harassment' to him as a diversionary tactics to cover up his failure and lapses. The claim of the petitioner for his posting in the Orthopaedics Department is stated to be not tenable.

So far the Equated Teaching Designation (Assistant Professor) is concerned, it was submitted that the University had not approved even the prior l