JUDGMENT

A.S. NAIDU, J. — An interesting point is raised for adjudication in the present writ petition, i.e., as to whether the petitioners, who are Class-IV employees can be transferred outside the State.

2. The petitioners were initially appointed in the estab¬lishment of Mica Trading Corporation of India Ltd., in short, ‘MITCO’, which was a fully owned subsidiary of MMTC Ltd. In the year 1992, MITCo became economically crippled and sick. Thereaf¬ter, the matter was referred to the Board for Industrial and Financial Reconstruction, in short, ‘BIFR’ as per the provisions of the SICA Act, 1985. After prolonged hearing, BIFR came to the conclusion that it was no more possible to rehabilitate MITCo on its own. Therefore, it was decided for amalgamation of MITCo with MMTC Ltd. Consequently, MITCo merged with MMTC Ltd. with effect from 14.4.1994 and the same became a division of MMTC. After merger, the employees working in MITCo were treated as the em¬ployees of MMTC under the scheme.

3. After such merger, it is submitted that the petition¬ers discharged their duties under MMTC Ltd. While matter stood thus, by order dated 24.6.2009, petitioner No.1 was transferred to Cochin and petitio