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GAUHATI HIGH COURT
Achintya Malla Bujor Barua, J.
Rakesh Kumar - Appellant
Versus
Food Corporation Of India & Ors. - Respondent
Writ Petition (Civil) No. 3307 of 2020
Decided On : 14-09-2020
Transfer Policy - Employee Transfer - Comprehensive Transfer Policy Guidelines - Clause 2.6.2, 2.6.4, 2.6.6 - The court discussed the Comprehensive Transfer Policy Guidelines of the Food Corporation of India (FCI) and highlighted Clause 2.6.2, 2.6.4, and 2.6.6. The court emphasized the rights of the petitioner to request a choice place of posting after completing one year in a specific zone and the authority of the respondent to transfer employees based on administrative requirements and service exigencies.
Fact of the Case:
The petitioner, an Assistant General Manager, was transferred multiple times by the Food Corporation of India (FCI) without considering his requests for a choice place of posting due to personal inconveniences.
Finding of the Court:
The court directed the respondent FCI to consider the petitioner's representations and pass a reasoned order within 45 days, suspending the petitioner's transfer to Chandigarh until such order is passed.
Issues: Violation of transfer policy guidelines, failure to consider employee representations, administrative requirement and service exigencies for transfer
Ratio Decidendi: The court emphasized the rights of the petitioner under the Comprehensive Transfer Policy Guidelines and the obligation of the respondent to consider employee representations and provide a reasoned order for transfer decisions.
Final Decision: The writ petition was disposed of with a direction to the respondent FCI to consider the petitioner's representations and pass a reasoned order within 45 days, suspending the petitioner's transfer to Chandigarh until such order is passed.
JUDGMENT
Achintya Malla Bujor Barua, J. - Heard Mr. N. Dutta, learned senior counsel for the petitioner. Also heard Mr. P.K. Roy, learned counsel for the respondent Food Corporation of India (FCI).
2. The petitioner who was serving as Assistant General Manager (Genl) in Rajasthan was transferred and posted in the District Office, Tezpur as Area Manager with additional charge of Manager D.O. North Lakhimpur vide office order No. 13/2018/E.I dated 28.03.2018. The petitioner accordingly, joined at Tezpur on 14.05.2018. Thereafter, by an order Estt.3(1)/2019/RO Assam/Cat-I/TP dated 29.01.2019 the petitioner was transferred to the Regional Office of the FCI at Guwahati.
3. Subsequent thereto, by the order dated 17.03.2020 of the Assistant General Manager the petitioner was transferred and posted at RO(PB) Chandigarh. The petitioner relies upon the Comprehensive Transfer Policy Guidelines of the FCI circulated vide Circular No. EP-03- 2014-05 dated 12.02.2014. Clause 2.6.2 and 2.6.4 of the Comprehensive Transfer Policy is extracted as under:-
2.6.2 The employees posted in such declared difficult stations from outside may be transferred to other station of his/hear choice as far as possible after completion of period of one year of their effective stay at the difficult station subject to his/her satisfactory performance and contribution to the operation of FCI in that station/region.
2.6.4. In respect of posting of Officers on transfer/promotion to North East Zone/Difficult Stations, the tenure shall be as given below:
| SL No. | Category of Officer | Tenure of posting |
| 1. | In-service Category I Officer posted on | One year |
| 2. | In-service Category II Officer posted on | One year |
| 3. | Directly recruited Category I Officer on their | Two year |
4. A reading of Clause 2.6.4 of the Comprehensive Transfer Policy would show that in respect of category I officer posted on transfer to the North East Zone/difficult station, the tenure shall be one year. The petitioner had in the meantime admittedly completed more than one year in the North Eastern Zone. Clause 2.6.2 provides that in the event, an employee is posted in a difficult station from outside, he may be transferred to any other station of his/her choice as far as possible after completion of the period of one year of their effective stay. In the circumstance, the petitioner made a representation dated 27.02.2019 making a request that he had completed more than one year in the North East Zone, therefore, he be transferred to a place of choice being the Regional Office at Jaipur, Rajasthan or Delhi Region or at the FCI Headquarter. The petitioner states that his aged parents are residing at Jaipur and his mother is a heart patient since long and father is also have some serious knee problem.
5. Further his wife is working with the Rajasthan Government as JSTO in the Sales Tax Department and is posted at Jaipur. Further he was transferred to Assam region only after three months of his marriage and in the meantime a son was also born.
6. Accordingly, the petitioner made a request that he be given a posting in any of the aforesaid three regions. The request of the petitioner apparently was not given consideration by the respondent authorities and without doing so, issued the order dated 17.03.2020 and transferred him to RO (PB) Chandigarh. After the order dated 17.03.2020, the petitioner submitted another representation dated 20.03.2020 requesting a modification in the transfer order and reiterating the reason as to why he would like to have a choice place of posting as indicated above. The representation also had not given a consideration. It is stated t
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