Arun S/O Bapurao Kose vs The Union Of India, ...
2023 Latest Caselaw 189 Bom

20-J-WP-105-23                                                          1/5


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   NAGPUR BENCH, NAGPUR.

                    WRIT PETITION NO.105 OF 2023


Arun s/o Bapurao Kose,
Aged about 48 years.
Occu. Service, R/o Plot No.5
Bajrang Nagar, Opp.
Siddheshwar Hall Gate-1,
Manewada Road, Nagpur 440027                             ... Petitioner

-vs-

1. The Union of India,
   Secretary/Defence Production,
   Ministry of Defence, South Block
   New Delhi 110011

2. The Directorate of Ordnance
   (Co-Ordination & Services),
   Ministry of Defence,
   Department of Defence,
   Department of Defence Production,
   10A, S. K. Bose Road,
   Kolkata 700 001

3. The Chairman & Managing
   Director, Yantra India Limited
   Nagpur 440021

4. The Director (HR) Yantra India Limited,
   Nagpur 440021

5. The General Manager,
   Ordnance Factory, Ambajhari,
   Nagpur 440021

6. The General Manager,
   Ordnance Factory, Bhusawal                 ... Respondents

Shri P. S. Sahare, Advocate for petitioner.
Shri C. J. Dhumane, Advocate for respondent Nos.1, 5 and 6.
 20-J-WP-105-23                                                       2/5


        CORAM : A. S. CHANDURKAR AND MRS VRUSHALI V. JOSHI, JJ.

DATE : January 06, 2023

Judgment : (Per : A. S. Chandurkar, J.)

Heard.

The challenge raised in this writ petition is to the order

dated 21/12/2022 passed by the learned Member, Central

Administrative Tribunal, Nagpur in Original Application No.804/2022.

By the said order the challenge raised to the order of transfer dated

20/09/2022 by which the petitioner was transferred from the post of

Junior Works Manager, Ordnance Factory, Ambajhari, Nagpur to the

Ordnance Factory, Bhusawal has been rejected.

2. It is the case of the petitioner that he has been singled out

for being transferred out of Nagpur. The justification sought to be

given by the respondent that the experience gained by the petitioner

was the cause of the order of transfer was not acceptable for the reason

that there were various other employees who had obtained such

training and who could have been transferred instead of the petitioner.

The petitioner's wife was in service with Zilla Parishad Nagpur and his

daughter was differently abled. Transferring the petitioner in such

manner caused prejudice and therefore there was no justifiable reason

to issue the order of transfer. Reference was made to various transfer 20-J-WP-105-23 3/5

orders issued to indicate that sufficient time had been granted to those

employees to report at the place of transfer while on the other hand

the petitioner was granted time of only ten days to report at Bhusawal.

The representation made by the petitioner had not been properly

considered. The Tribunal failed to consider the aforesaid relevant

aspects and dismissed the Original Application. It was thus submitted

that the order passed by the Tribunal be set aside and the petitioner's

transfer be cancelled.

3. We have heard the learned counsel for the petitioner and

we have perused the documents placed on record. It is undisputed that

the petitioner has been serving at Nagpur for last nineteen years. In

the representation made by the petitioner dated 21/09/2022 he had

sought reconsideration of the order of transfer by assigning various

reasons that have been referred to herein above. The said

representation was considered and with the approval of the Competent

Authority a Speaking Order came to be passed on 28/09/2022. It was

noted that the petitioner had gained experience in drawing and

designing and he was working in CDD and Research and Development

Section of the Ordnance Factory. Having been imparted training in

AUTO CAD he was found suitable for transfer to Bhusawal on

functional requirement. Thus on the ground of public interest his 20-J-WP-105-23 4/5

services came to be transferred noting that there was an urgent

functional requirement at the place of transfer. Moreover, the Office

Memorandum dated 30/09/2009 issued by the DOPT that when a

spouse was employed under the Central Government and other spouse

is employed under the State Government, the spouse employed under

the Central Government may be posted to the same station or if there

is no post in that station, in the State where a spouse is posted has

been considered and the petitioner has been retained in the State of

Maharashtra. It is stated that in the interest of administration, the

transfer had been effected.

4. The Tribunal considered these aspects and noted that the

transfer could not be said to be vitiated on the grounds urged by the

petitioner. The petitioner's wife and parents were staying at Nagpur

and they could take care of his daughter. The order of transfer has

been implemented after which the petitioner was relieved on

20/09/2022. In absence of any ground made out to interfere with the

order of transfer, the Original Application was rejected.

On considering the entire material on record we do not find

any justifiable reason to interfere with the order of transfer. The fact

that the petitioner has served at Nagpur for about nineteen years

coupled with the fact that the Ordnance Factory at Bhusawal had 20-J-WP-105-23 5/5

functional requirement of the petitioner's services are in our view

sufficient to sustain the transfer order. There are no allegations of

malafides made by the petitioner. Mere fact that some other

employees were serving at Nagpur for a longer period cannot be a

reason to upset the transfer order passed by the respondent on

20/09/2022. We are therefore not inclined to interfere in writ

jurisdiction.

The writ petition is thus dismissed with no order as to costs.

(Mrs Vrushali V. Joshi, J.) (A. S. Chandurkar, J.)

Asmita

Digitally signed byASMITA ADWAIT BHANDAKKAR Signing Date:10.01.2023 17:03:44