JUDGMENT 1. By filing this writ petition under Article 227 of the Constitution of India the applicant of O.A. No. 123/2010 seeks to challenge the order dated 26.8.2010 passed by Central Administrative Tribunal (CAT) in aforesaid O.A. (123/2010). 2. By impugned order, the Tribunal dismissed the original application of writ petitioner and in consequence upheld this transfer order dated 27.4.2010 by which he was transferred from "Loonkaransar" to "Khajuwala". 3. So the question that arises for consideration in this writ petition is whether Tribunal was justified in dismissing the original application thereby justified in upholding his transfer order dated 27.4.2010. 4. The writ petitioner is working with B.S.N.L. a Government of India undertaking (respondent herein) on the post of Sr. Telecommunication Operating Assistant (Phones). He is presently posted at a place called "Loonkaransar". By impugned order, he is now transferred to a place called "Khajuwala". It is this order which was sought to be impugned by the writ petitioner by filing an application in the first instance before CAT because all service disputes of B.S.N.L. are decided by CAT. By impugned order, the Tribunal found no merit in the application and hence dismissed the same which has given rise to filing of writ petition by the applicant and reiterating the challenge to impugned order on the same grounds which were unsuccessfully pressed in service by him before CAT. 5. Having heard the learned counsel for the writ petitioner and on perusal of record of the case were are inclined to concur with the reasoning and conclusion of Tribunal and hence dismiss the writ petition by upholding the impugned order. 6. The challenge to impugned transfer order was only on one ground. It was contended that transfer of petitioner from 'A' rural area to 'B' rural area is not permissible because it violates the policy evolved by BSNL. It was contended that employee can be transferred from Rural to Urban but not from Rural to Rural in terms of policy. It was thus contended that since the place where writ petitioner is presently posted is a rural and now he is again being transferred to another rural area and hence it would be violative of the policy of transfer. 7. It is this submission which was examined by the Tribunal in the context of policy and was repelled in following words : "6.
7. It is this submission which was examined by the Tribunal in the context of policy and was repelled in following words : "6. The learned Advocate of the respondents argued that Annex. A-2 is not applicable in the case of the applicant and I am also in agreement with the said statement as there is nothing in Annex. A-2 that the employees posted in rural area shall not be transferred to rural real again rather the letter says that employees posted in urban area shall be transferred to rural area and shall be accommodated as per their choice of five stations. So the transfer of the applicant from one rural area to another rural area cannot be held to be violative of instructions contained in Annex. A-2. Moreover, it appears that as per clause 4 of Annex. A-2, the applicant had to exercise his option for transfer of his choice place indicating five places but the applicant gave his option for only one place i.e. Bikaner. Thus the option exercised by the applicant is also not in accordance with the conditions laid down in Annex. A-2 on the basis of which the applicant has sought to quash the order of transfer. There is no rule which can compel the employer to accommodate an employee to his choice place of posting. It is the prerogative of the employer to post any of its employee to any place after following certain rules and regulations. 7. In the instant case, I am of the view that no rule or executive instructions has been violated by the respondents by issuing the order of transfer of the applicant from one rural area to another rural area. I am further of the view that in such cases, generally the Tribunal should not interfere in the transfer order, otherwise, it will be difficult for the authorities to function efficiently. 8. In the result, 1 find that this O.A. has got no merit and the same should be dismissed. Accordingly, the O.A. filed by the applicant is hereby dismissed at admission stage. The interim order dated 13.5.2010, whereby the effect and operation of the order dated 27.4.2010 (Annex. A-1) was stayed stands vacation. However, there will be no order as to costs." 8. We concur with what is held by Tribunal quoted supra.
Accordingly, the O.A. filed by the applicant is hereby dismissed at admission stage. The interim order dated 13.5.2010, whereby the effect and operation of the order dated 27.4.2010 (Annex. A-1) was stayed stands vacation. However, there will be no order as to costs." 8. We concur with what is held by Tribunal quoted supra. In our view also, we find that there is no prohibition contained in policy of transfer of BSNL, which prohibits transfer of an employee from Rural to Rural area. It is permissible. In this view of the matter, the Tribunal was justified in upholding the applicant's transfer holding that it is not violative of policy. 9. So far as the filing of representation to the authorities by the petitioner requesting them to withdraw the transfer order is concerned, it being his right to request his master (employer), the same can always be resorted to by him and for that no permission is necessary from the Court. Needless to observe, the employer is also then required to apply its mind to the causes shown by the writ petitioner in the representation and depending upon the several administrative factors, the orders of transfer can always be modified/annulled, if considered proper. This Court would like to observe, that as and when any representations are made by an employee, the same must be dealt with by the concerned authorities on priority basis in its proper perspective to avoid hardship likely to be suffered by an employee due to his uprooting from one place to other.In view of foregoing discussion, the writ petition fails and is dismissed.Writ Petition dismissed. *******