Union Of India & Ors. vs Rohit Mudgal
2015 Latest Caselaw 603 Del

$~8
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                          Date of hearing and order : 21st January 2015

+      W.P.(C) 4117/2013, C.M. Appl. No. 9682/2013 (Stay) &
       9683/2013 (Permission)

       UNION OF INDIA & ORS.                            ..... Petitioners
                     Through:         Mr. R.V. Sinha, Senior Central
                                      Government Counsel

                         versus

       ROHIT MUDGAL                                     ..... Respondent
                         Through:     Mr. Sandeep Bajaj, Advocate

       CORAM:
       HON'BLE MR. JUSTICE KAILASH GAMBHIR
       HON'BLE MR. JUSTICE I.S.MEHTA

                              ORDER

%                             21.01.2015

KAILASH GAMBHIR, J. (ORAL)

1. Mr. Sandeep Bajaj, the learned counsel for the respondent submits

that the similar writ petition, the same being W.P (C) No. 4180/2013,

filed by the petitioners has been dismissed by the Division Bench of this

court vide order dated 23.10.2013, where the request of the respondent

for inter commissionarate transfer was upheld where also the respondent

had submitted the request without having completed the probation period

in terms of the modified policy/instructions dated 27.10.2011. The

Division Bench while upholding the order of the Tribunal and after

referring para 4(vii) and (viii) of the Memorandum dated 20.09.2009 took

a view that where one spouse is employed under Central Government and

the other spouse is under the State Government, the competent authority

may post the officer to the State where the spouse is posted. The Division

Bench also referred the case of one Gaurav Bhatia who was similarly

placed and was transferred to Delhi Zone, although he was also on

probation and had not yet completed the probation period. In the present

case also the respondent had submitted his application for inter

commissionarate transfer on 9.3.2011 i.e. within six months from the date

of his joining, requesting the petitioner to transfer him from Vadodara

Zone to Delhi Zone where his wife was working as T.G.T. (S. Science)

under the Directorate of Education, Government of NCT of Delhi. As per

the respondent his case for transfer was to be considered as per the

instructions dated 27.3.2009 and not under the modified instructions

dated 27.10.2011. The request made by the respondent was declined by

the petitioner on the basis of modified instructions dated 27.10.2011,

where under request of such an officer could be entertained only when the

officer appointed, in a particular commissionarate/post completes the

prescribed probation period. The learned Tribunal after referring to many

instances, where the petitioners had given relaxation in individual cases,

allowed the OA no. 3052/2012 filed by the respondent and directed the

respondent therein to consider the case of the respondent afresh for inter

commissionarate transfer i.e. from Vadodara Zone to Delhi Zone, if

necessary by relaxing condition regarding completion of probation

period. Learned Tribunal has passed the said order of 23.01.2013 and by

this time it can be assumed that the respondent must have completed the

probation period long back. In any case, as already stated above, the

Division Bench of this court has also dismissed a similar petition filed by

one such petitioner, the same being W.P (C) No. 4180/2013 vide order

dated 23.10.2013, therefore nothing survives in the present petition.

2. In view of the aforesaid discussion, the present petition filed by the

petitioner is dismissed and the order dated 23.01.2013 passed by the

learned Tribunal is upheld with a direction to the petitioners to comply

with the directions given by the learned Tribunal within a period of four

weeks from the date of this order.

3. The petition and all the pending applications stand disposed of.

KAILASH GAMBHIR, J

I.S.MEHTA, J JANUARY 21, 2015 pkb