NAZIR AHMED WANI Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER 1 to 3, LDCs, and Petitioners 4 and 5 UDCs in Door - Darshan Kendar, Srinagar have been transferred outside the state in north -zone vide order dated 15.3.2000 (Annexure -A). These clerks have challenged the transfer and are seeking quashment of the impugned order with prayer for their continuance at Srinagar. The grounds taken to challenge the transfer are that the order is malafide for the reason that 14 employees of Doordarshan Kendar, Srinagar who were transferred outside the State, however petitioners alone have been given marching orders pursuant to the impugned transfer order, whereas the other nine colleagues of petitioners have been retained at Srinagar after their ordered transfers were cancelled on 28 -3 -2000 (Annexure -C). Petitioners are stated to be above 50 years of age and cannot serve outside the Valley in hot climate. Petitioner No.1 Nazir Ahmed Wani is at the verge of retirement and is not suitable to be shifted from Srinagar. Petitioners, residents of the valley, cannot leave their children behind in the prevailing situation as it is not safe for them to stay back. As some of the employees of Doordarshan Kendra, Srinagar under transfer have been shown favour by canceling their transfer, the impugned order suffers from malafidies. Petitioners have been singled out for discriminatory treatment.

(2.) RESPONDENTS in their counter through Director Doordarshan Kendra, Srinagar have filed reply. It is contended that the transfer of the petitioners, employees of Parsar Bharti, holding transferable posts, have been ordered in the exigency of service and in public interest to operation alise the new installations with the help of the existing staff strength drawn from the different kendras. Such staff members of the Parsar Bharti which have been drawn and posted to different installations are numbering three hundred. The impugned transfer is for administrative reasons and in public interest. The transfer order is as per the government decision with approval of the C.E.O of Parsar Bharti. The criteria of longest continuous stay at a Kendra, as laid down in the transfer policy for staff of the Parsar Bharti, has been adhered to and adopted. As petitioners did come within the criteria laid, therefore, they have been transferred as per the transfer policy. Though the guideline for transfer of a person of 45 years of age, not ordinarily to be posted to a high altitude station, is in place, but all the same such a guide line does not confer any enforceable right under law to the transferee. The guide lines have been followed to the extent possible after keeping in view the abnormal situation in the State and to make the new installations operational with the help of the existing staff strength with different zones of the country. Petitioner No.1 has on his own showing yet six years to retire, therefore, is not on the verge of retirement, as contended. It is only, those staffers, who come within three years of reaching age of superannuation are required to be posted at home town. The petitioners have been transferred from Doordarshan Kendra Srinagar, to DMC Jammu & DMC Shimla, the nearest stations to Srinagar within the North Zone. The impugned transfers are in the Public interest as exigencies of service. Only those who are having longest continuous stay in the Door Darshan Kendra Srinagar have been transferred. The orders of some of the staffers were cancelled after discrepancies in respect of their continuous stay at Srinagar was brought to the notice of the competent authority. It is only in case of two persons form North zone transfer has been cancelled. The allegations of favouritism, malafide treatment and discrimination are denied.

(3.) HEARD .