- (1.) HEARD Sri J. P. Joshi, learned coun sel for the petitioner, and Sri Arvind Vashishtha, learned Asstt. Solicitor Gen eral Union of India/ respondent.
(2.) BY means of this writ petition, the petitioner has prayed for the follow ing releifs : i. Issue a writ, order or direction in the nature of certiorari calling for the record and quashing the im pugned order dated 08-09-2005 (annexure no. 5 to the writ petition ). ii. Issue a writ, order or direction in the nature of mandamus com manding the respondents au thority not to interfere or disturb in the service of the petitioner at National Hydrographic Office, Dehradun to the post of Grain ing Operator, iii. Issue a writ, order or direction, which this Hon'ble Court may deem fit and proper in view of the circumstances of the case, iv. To award the cost of present writ petition in favour o the peti tioner. Counsel for the both the parties have admitted that since counter, rejoin der affidavits have been exchanged, therefore the writ petition may be dis posed of finally at the admission stage itself. It is submitted by the petitioner that he was transferred from Mumbai to Dehradun permanently on compassion ate ground on 19th May 2004, was again transferred to Mumbai vide im pugned order dated 08-09-2005. Nor mally, the court should not interfere with the transfer orders passed by the em ployer because it is the prerogative of the employer to transfer its employees to any place under his establishment, but considering the peculiar circumstances of his case, this Court on 4th October 2005 passed a detailed order staying the im pugned transfer order dated 08-09-2005, which is quoted hereunder : "heard. The petitioner who is work ing as HSK-II, Engine Fitter, Naual Dockyard, Mumbai under Admiral Superintendent, Naval Dockyard, Mumbai. has moved an application dated 28-08-2003 to transfer him to National Hydrographic Office, Dehradun on the ground that his fa ther is handicapped and old man and his mother is suffering from Bronchitis and Gynecological prob lem and nobody is there except the petitioner to look after them. Con sidering the request of the petitioner, the respondents have transferred the petitioner on compassionate grounds permanently to National Hydrographic Office, Dehradun with conditions that the seniority of the petitioner in the grade will be counted from the date he reports on transfer to National Hydrographic Office, Dehradun. His post seniority will not be counted for promotion to the next higher grade. This order was passed on 19-05-2004 by the Chief Administrative Officer, Sr. Staff Of ficer (Civil Personnel) for Flag Of ficer,, Commanding-in-Chief. The petitioner, who had already worked for 10 years relinquished his seniority in view of his family problem and joined at Dehradun on 14-06-2004 in pursuance to the aforesaid order dated 19-05-2004. Petitioner has joined his duties at National Hydrographic Office, Dehradun after losing his past seniority. The respondents could not show why the petitioner has again been perma nently transferred to Naval Dock yard, Mumbai. Since, the respondents have passed the impugned order dated 08-09-2005 by which the petitioner has been permanently transferred to Na tional Dockyard, Mumbai without assigning any reason a ignoring the. fact that petitioner had earlier been transferred permanently vide order dated 19-05-2004 to National Hydrographic Office, Dehradun, by losing his seniority for about 10 years. For the reasons recorded above until further orders of this Court, operation of order dated 08-09- 2005 passed by respondent no. 2 shall remain stayed and petitioner is permitted to continue at National Hydrographic Office, Dehradun. "
(3.) THE respondents have filed coun ter affidavit and have justified the im pugned order. It is not disputed by the respondents that in para -3 of the order dated 19th May 2004 (annexure no. 3 to the writ petition) the transferring au thority has mentioned that the petitioner be permanently transferred to National Hydrographic Office, Dehradun under intimation to the Headquarter. Further in para-4 of this order it is mentioned that an undertaking for the following condi tions be obtained from the individual, prior to relieving him and the same be indicated in his movement order. THE conditions are (i) that the seniority of the individual in the grade will be counted from the date he reports on transfer to National Hydrographic Office, Dehradun. His past seniority will not be counted for promotion to the next higher grade, (ii) that he will have to travel to NHO, Dehradun at his own expense and no TA/da, joining time etc. is admissi ble as his transfer is at his own request. Learned counsel for the petitioner has submitted that an undertaking was submitted by the petitioner and this fact has not been denied by the respondents. Meaning thereby, the petitioner has lost the benefit of services of about 10 years rendered by him at Mumbai and thus, has lost the seniority of 10 years. It is also not disputed that the movement or der specifically states that the name of the petitioner has been struck off from the strength of National Dockyard, Mumbai as the petitioner has been trans ferred permanently to National Hydrographic Office, Dehradun.;