SUDHIR AGARWAL, J. - (1.) ALL these writ petitions involve common questions of facts and law and hence, as requested by learned Counsel for the parties, have been taken together and are being decided by this common judgment.
(2.) THE petitioners working in Indian Telecom Industry, Naini at Allahabad (hereinafter referred to as "ITI, Naini") aggrieved by the order dated 28.12.2005 issued by the Manager (Human Resources) (P) ITI, Naini transferring them in various sites of GSM project have filed these writ petitions under Article 226 of the Constitution of India. The facts in brief as stated commonly in these writ petitions are that the petitioners are working as employees in various departments of ITI i.e. Digital, Bay wiring, Optical, Assembly-T etc. They proceeded on six weeks out door tour programme to attend various sites of GSM project on 8.11.2005 and 12.11.2005 but before completion thereof the respondents have issued the aforesaid orders transferring petitioners to various sites of GSM project itself and on return to ITI, Naini the petitioners have not been allowed to join thereat. In this regard the petitioners have also made representations dated 4.1.2006, 21.1.2006, 1.2.2006 and 21.3.2006 but the same have not been attended so far. In these circumstances, these writ petitions have been filed challenging the aforesaid orders of transfer. It is contended that from the very perusal of the order it is evident that it is by way of punishment and not a transfer simplicitor. Moreover, the petitioners have been transferred while in many other cases the transfer orders have already been cancelled and/or the persons who are senior or otherwise fit and suitable have not been touched. It is also alleged that the respondents are pressurizing the petitioners to opt for voluntary retirement under the scheme if they are not inclined to proceed on transfer which shows that the order of transfer is mala fide. It is also contended that the orders of transfer have been passed without any consent of the petitioners and under the conditions of service the petitioners could have been transferred from one unit to another but not from one unit to project, hence the impugned orders of transfer are without jurisdiction. Lastly, it is contended that in Writ Petition No. 29158 of 2006, the petitioner No. 1's children are studying in Class 7, 10 and 12 and his wife is suffering from chronic disease. Similarly, in respect to petitioner No. 2 his two children have completed their study and are of marriageable age for which he is running to find out a suitable match. His other two children are studying in inter final and Class 2 while his wife is suffering from chronic disease and is awaiting for operation of gall bladder, therefore, the mid term transfer is otherwise causing serious hardship to the petitioners. The petitioners in other writ petitions have also stated their similar hardships.
(3.) THE respondents have filed counter affidavit stating that Indian Telecom Industry Ltd. (hereinafter referred to as "ITI") is a public sector Company registered under Indian Companies Act, 1956 having its corporate office at Bangalore and various industrial units at six places including one at Naini (Allahabad). The ITI Limited has incurred a colossal loss of over Rs. 1000 crores in last four years and its financial condition is precarious. The Company has become sick and is registered under Sick Industries (Special Provisions) Act, 1985 before Board for Industrial and Financial Reconstruction in September, 2004 and its rehabilitation scheme is under consideration. In its efforts to improve its profitability ad after approval of the revival package by the Cabiriet Committee of Economic Affairs it has bagged certain prestigious contracts including a contract of setting up of Global System for Mobile Network (hereinafter referred to as "GSM1 ) of three million lines-in the west zone comprising of four circles of Bharat Sanchar Nigam Ltd. (hereinafter referred to as 'BSNL') namely Maharashtra, Gujarat, Madhya Pradesh and Chhattisgarh. Since the project is time bound the ITI has to avail its existing staff from various units for posting in the project for speedy completion thereof. The only hope for revival of the Company is utilization of due opportunity of GSM installation and other new projects. It requires 1300 employees since the quantum of the project is likely to grow i.e. from three million lines to 18 million lines in near future required for BSNL and Mahanagar Telephone Nigam Limited (hereinafter referred to as 'MTNL'). The petitioners and other employees were appointed in ITI with the specific condition that they are transferable throughout India in any other unit, sale or service office, other departments or any other posts. The ITT head office i.e. the corporate office issued a letter dated 15.10.2005 to ITI, Naini with the directive to select Competent persons for deployment at GSM project sites so as to complete the project within a stipulated time. A copy of the letter has been enclosed as Annexure-CA-6 which provides that the persons selected for the said purpose must possess trade certificate and diploma qualification in CAT. A to H and Grade 1 to 4. Thereafter on 14.11.2005 the corporate office issued another letter directing the ITI, Naini unit to issue transfer orders for 300 persons posting them at different locations of GSM project. In order to select such persons certain guidelines were also laid down by the corporate office and communicated to various units including ITI, Naini vide letter dated 8.12.2005 a copy whereof is Annexure-CA-8 to the counter affidavit. It is in furtherance of the aforesaid guidelines and the directions issued by the corporate office the respondents, ITI, Naini has issued the orders of transfer of several persons including petitioners strictly in accordance with the guidelines laid down by the corporate office and since the petitioners are being sought to be transferred in accordance with the conditions of their service the same is neither illegal nor is otherwise assailable. It is further stated that similar order of transfer issued by the Rai Bareilly unit, was challenged before the Lucknow Bench of this Court in Writ Petition Nos. 39 of 2006 and 41 of 2006 but the Division Bench declined to interfere with the order of transfer except of permitting the petitioners to make a representation which is to be considered by the Competent Authority. Similarly another Writ Petition No. 26564 of 2005, Virendra Nath Srivastava v. Union of India and others, from ITI, Naini unit came up for consideration and Hon'ble Single Judge vide judgment dated 5.4.2004 has dismissed the same. It is further stated that in some matters where ex-parte interim orders have been passed by this Court at the time of admission of the writ petition, in one of such matters the respondents preferred special leave petition before the Apex Court and the interim order of this Court has been stayed by the Apex Court. The allegations of forcing of compulsory voluntary retirement upon the petitioners have also been denied.;