- (1.) There is no dispute that the petitioner holds a transferable post. There is also no dispute that there is a clear-cut transfer policy. That transfer policy does not permit an employee to remain in station at a particular place for a period more than two years. The posting on transfer is also provided for in the transfer policy. In order not to break the home of an employee and to permit him to live as an adult human being, such policy provides that in case both the husband and wife are working in Food Corporation of India/ Government and other Undertakings, they should be posted at the same station as far as possible to enable them to lead a normal life subject to administrative convenience. Since 1991 the petitioner is posted in Calcutta. The wife of the petitioner is an employee of the Calcutta Police and, as such, the wife of the petitioner cannot be transferred out of Calcutta. In 1998, the petitioner was posted out of Calcutta, he having lived for about seven years in one station at a stretch. The petitioner made a representation against such transfer. That was not considered and, accordingly, the petitioner filed a writ petition. The writ Court directed the Food Corporation of India to consider the fresh representation to be made by the petitioner. The petitioner, then, made a further representation and there also contended that since his wife is posted at Calcutta and since she is suffering from certain diseases and since also the policy of the Food Corporation of India permits the retention of the husband and wife in one station the petitioner should not be posted out. Such representation having been considered, for a temporary period the petitioner was permitted to remain posted in Calcutta. Subsequent thereto another transfer order has been issued by which the petitioner has been posted at Bhubaneswar. The petitioner has filed this writ petition challenging the said transfer order principally on the ground that at Bhubaneswar the petitioner and his wife cannot be posted as petitioner's wife, an employee of the Calcutta Police, cannot be transferred to Bhubaneswar. These contingencies were kept in mind when the policy was laid down and, accordingly, the words "as far as possible" were used. The policy is not that the husband and the wife must be posted at the same station. That may be interfered with in the event the husband and the wife are both Food Corporation of India's employees and the posts held by them in F.C.I. are available in a station but not if one of them is not a F.C.I. employee and works in Government or in a Public Sector Undertaking. The F.C.I. may have stations in places where a particular Government or a particular Public Sector Undertaking may not have any station. If at such station a husband is posted where the wife cannot be posted, steps may be taken to post the husband to such a place where the wife may also be posted. But if the wife cannot be posted out of a particular station, the policy does not permit that the husband shall remain posted in that station all throughout his service career. At least, I cannot accept this.
(2.) The ground that the petitioner's wife is not keeping good health and she is under treatment is no ground to stall a transfer made from one State capital to another having same or similar medical facilities.
(3.) I, therefore, see no reason to keep this matter pending and, accordingly this writ petition is rejected.;