Rakesh Gupta(Dr. ) v. Union of India Thru Secry. , Education
2016-04-12
UMESH CHANDRA SRIVASTAVA, V.K.SHUKLA
body2016
DigiLaw.ai
JUDGMENT Ref: - Delay Condonation Application The reasons stated in the affidavit filed in support of delay condonation application, constitutes sufficient cause to condone the delay. 2. Consequently, delay is condoned. The present special appeal is to be treated to have been filed well within time. Ref: - Special Appeal 3. Dr. Rakesh Gupta, appellant-petitioner before us is assailing the validity of the order dated 27.01.2016 passed by learned Single Judge, in Civil Misc. Writ Petition No. 3235 of 2016 (Dr. Rakesh Gupta Vs. Union of India and others) wherein writ petition preferred by appellant-petitioner against his transfer order has been dismissed. 4. On the matter being taken up today, from the side of appellant-petitioner much emphasis has been laid on the fact that petitioner has been transferred to Kendriya Hindi Sansthan Mysore and petitioner is a Class III employee and in such a situation and in this background he ought not to have been transferred and personal inconvenience as well as transfer policy has not only been ignored but breached also. 5. Sri Gyan Prakash, Assistant Solicitor General, appearing for Union of India on the other hand contended that in administrative exigency petitioner has been transferred and petitioner holds transferable post, coupled with this there is no violation of any statutory rules and regulations and accordingly this Court should not intervene in the matter as has been done by Learned Single Judge. 6. After respective arguments has been advanced, factual situation that has so emerged that as far as Kendriya Hindi Sansthan is concerned it has got eight centres in the country and as far as petitioner-appellant is concerned, he has been performing and discharging duties at one of the centre namely Kendriya Hindi Sansthan, Agra. 7. Record in question also reflects that in the past appellant-petitioner has been sought to be transferred from Kendriya Hindi Sansthan, Agra to Mysore and at the said point of time appellant-petitioner had approached this Court by preferring Civil Misc. Writ Petition No. 48269 of 2003 and therein initially interim order had been passed by this Court on 28.10.2003 but subsequent to the same, said writ petition had been finally disposed of by this Court vide order dated 16.12.2003 with following orders: "The petitioner is working on a Class III post in Kendriya Hindi Sansthan, Agra has been transferred by the impugned order on the same post at Mysore.
In the short counter affidavit filed by the respondents a list of the transfers made in the past has been filed which shows that persons have been transferred from one Centre to another irrespective of the distance. In paragraph 5 of the rejoinder affidavit, it has been stated that there is only a post of Class III post in Mysore Centre where already Km. Swati Sharma is working and therefore, the post is not vacant. The petitioner further seeks adjustment at a nearby place. Heard Smt. Arti Raje, learned counsel for the petitioner and Sri B.N.Singh learned counsel appearing for the respondents. Taking into consideration the entire facts and circumstances of the case, the Court is of the view that the petitioner should be directed to make a representation before the Vice Chairman of Kendriya Hindi Sansthan, Agra within a period of two weeks from today who shall decide the said representation in accordance with law within another two weeks. For a period of one month or till representation is decided whichever is earlier, the interim order should be continued. Directions issued accordingly. The writ petition is disposed of with the aforesaid direction. It is made clear that the court has not adjudicated upon the claim on merits." 8. Appellant-petitioner thereafter claims that he has been permitted to perform and discharge duties at Centre Kendriya Hindi Sansthan, Agra and once again he has now been sought to be transferred at Centre Kendriya Hindi Sansthan, Mysore. 9. This is accepted position that petitioner holds transferable post and the authority who has exercised its authority has got full competence to pass such order. In the present case, this much fact has also been accepted that there is no violation of any statutory rules and regulations. 10. Once such is the factual situation, then the order passed by learned Single in dismissing the writ petition, as against transfer order, does not warrant any interference by this Court. 11. Much emphasis has been laid by Appellant-petitioner on the issue of personal inconvenience as well as breach of transfer policy by submitting that petitioner-appellant is a class III employee and has no major resources at his command. 12. Convenience/inconvenience are matter to be looked by the authority concerned and not by this Court. 13.
11. Much emphasis has been laid by Appellant-petitioner on the issue of personal inconvenience as well as breach of transfer policy by submitting that petitioner-appellant is a class III employee and has no major resources at his command. 12. Convenience/inconvenience are matter to be looked by the authority concerned and not by this Court. 13. As far as we are concerned, we cannot interfere with the impugned order of transfer as this is accepted position that transfer has been effectuated from one centre to another and the order dated 16.12.2003 also indicates that persons have been transferred from one centre to another irrespective of the distance. 14. Accordingly subject to the condition that appellant should first go and join at the transferred place, we give liberty to appellant to represent his claim before the authority concerned. In case appellant joins at the transferred place and make representation, then it is always expected that same would be considered sympathetically preferably within eight weeks from the date of receipt of representation and the outcome of the same be communicated to appellant thereafter. 15. We make it clear that in case appellant fails to join at the transferred place then authorities on the spot are free to initiate disciplinary proceeding against the appellant. In case disciplinary proceeding has already been initiated, for non compliance of transfer order, same would not at all be effected, on account of passing of order by us. With the above direction present special appeal is disposed of.