Ganasindhu Nandy v. North Eastern Electric Power Corporation Limited
2022-04-08
H.S.THANGKHIEW
body2022
DigiLaw.ai
JUDGMENT 1. Both these writ petitions which concern the challenge to transfer orders, passed by the respondent NEEPCO being connected, are being disposed of by this common order. 2. The writ petitioner's main challenge to the transfer orders, is that the same were issued in violation of Clause 11.8 of the NEEPCO Transfer Policy, governing the service of the petitioner inspite of being well aware of the fact that, the transfer was sought to be affected during the mid-academic session of the petitioner's daughter, who is to appear in her Class-X Board examinations. 3. This Court on the challenge and on the questions posed by the petitioner, had accorded interim protection which was to be subject to the final outcome of the writ petition. By order dated 08.10.2021, passed in Misc. Case No. 99 of 2021 arising out of W.P(C) No. 66 of 2021, this Court recorded at para -5 as follows: '5. Ms. A. Paul, learned Sr. counsel for the petitioner submitted that she could not approach before this Court earlier in view of the pandemic. She again invited my attention to Clause 11.8 of the Transfer Policy and submitted that at present, petitioner's daughter is in Class-X and will be appearing for the ICSE Board examination which is scheduled to be held in the month of May, 2022. Ms. A. Paul, learned Sr. counsel made a specific submission that she is now not interested to challenge the transfer order. On the contrary, she made a submission that as soon as the ICSE Board examination of petitioner's daughter is completed, immediately petitioner will go and report at the place where he is transferred. Statement accepted as undertaking before this Court.' 4. On the undertaking that the petitioner was no longer interested to challenge the transfer orders, but was prepared to report to the place of posting, as soon as the Board examination was over, these matters were thereafter posted for hearing. 5. Ms. A. Paul, learned senior counsel assisted by Ms.
Statement accepted as undertaking before this Court.' 4. On the undertaking that the petitioner was no longer interested to challenge the transfer orders, but was prepared to report to the place of posting, as soon as the Board examination was over, these matters were thereafter posted for hearing. 5. Ms. A. Paul, learned senior counsel assisted by Ms. R. Dutta, learned counsel for the petitioner at the outset, submits that the petitioner is ready to report to his place of posting within a week, provided he is allowed to go on leave thereafter, to be with his daughter at the time of her Board Examinations which are to commence on 25th April, 2022, and conclude on 23rd May, 2022 (A copy of the exam schedule has been produced by the learned senior counsel and the same is made part of the record). The learned senior counsel submits that the prayer is reasonable and fair, and is in line with clause 11.8 of the NEEPCO Transfer Policy, which has stipulated that employees whose children are studying in Class-IX and Class-XI, may not be transferred till completion of Class-X and Class-XII, of their children. 6. Mr. V.K. Jindal, learned senior counsel assisted by Ms. E. Marwein, learned counsel for the respondents to the submissions and concessions made by the petitioner, is in agreement and accepts the said proposal, but submits that he is not competent to give an undertaking that the petitioner would be granted leave as prayed, on his joining his place of posting. 7. Having heard the learned counsel for the parties, and considering the genuine grievance of the petitioner and also taking into account his readiness to abide by the transfer order, both these writ petitions are disposed of with the direction that; the petitioner shall proceed to his new place of posting within 10 (ten) days' from the date of this order, and on an application for leave being preferred before the respondents, it is understood that the same shall be considered favourably. 8. The matters accordingly stand closed. All interim orders passed earlier stand vacated. 9. There shall be no order as to costs.