The court upheld the principle of administrative exigency and the availability of better medical facilities as valid reasons for transferring the employee, emphasizing that it would not interfere with administrative decisions.

Rajiv Sharma, J.

Petitioner has sought judicial review of the judgment dated 12.10.2012 rendered in O.A. No. 276/HP/2012 by the Central Administrative Tribunal, Chandigarh.

2. Material facts necessary for the adjudication of this petition are that petitioner joined as Coupon Clerk with respondent No.3 on 12.5.1989. He was transferred to Kolkata on 10.2.2012. He made representation against the transfer order on 15.2.2012. He was relieved on 19.3.2012. He filed O.A. No. 276/HP/2012 before the Central Administrative Tribunal, Chandigarh. The Central Administrative Tribunal dismissed the same on 12.10.2012. Thereafter, the petitioner was relieved on 19.10.2012.

3. We have heard the learned counsel for the petitioner and have gone through the pleadings and the judgment dated 12.10.2012 meticulously.

4. Petitioner has not alleged any mala fide against the respondents. Petitioner is getting all the benefits, which are admissible to other officials in the IB/CPMF, including 15% of the basic pay as special security allowance by virtue of his being an I.B. official. He is also entitled to rent free accommodation as an I.B. official. The seniority list has been issued by the Headquarters in respect of the whole organization and the name of the petitioner also finds mention therein. According to the instructions issued vide O.M. No.12/5/91-Dir. (C) dated 29.1.1992, the employees serving in non-statutory registered departmental canteens/tiffin rooms have been declared as Government employees with effect from 1.10.1991. All the benefits have been extended to these officials as are available to other Government employees of comparable status from that date, i.e. 1.10.1991. The conditions of service of the petitioner are to be regulated as per order dated 29.1.1992, to which reference has been made at page 64 of the paper book. The earlier rules called “Departmental Canteen Employees (Recruitment and Condition of Service) Rules, 1980, have been repealed with effect from 1.10.1991.

5. As far as the medical facilities are concerned, the Court can take judicial notice of the fact that the better medical facilities are available at Kolkata. Petitioner is serving at Shimla since 1989 and he has been transferred due to administrative exigency. This Court will not substitute its own judgment for the wisdom of the department while taking administrative decision.

6. Accordingly, there is no infirmity or illegality in the judgment dated 12.10.2012 of the Central Administrative Tribunal.

7. Consequently, in view of the observations and discussions made hereinabove, we see no merit in the petition and the same is dismissed. Pending application(s), if any, also stands disposed of. No costs.