- (1.) This writ application is against a transfer order dated 19th June, 2014 transferring the service of the writ petitioner to Kolkata Division XIV (under CRO-I). He is working as a senior assistant with the respondent insurance company and in the concerned department since 8th December, 2010. His grievance against the order of transfer is this. It is in violation of the "Job rotation transfer and mobility policy for the supervisory, clerical and subordinate staff of the respondent organisation.
(2.) The following paragraph of the policy is relied upon: "Job Rotation (within the same station):- 4.1 Every employee in the cadres of Supervisory, Clerical and Subordinate Staff shall be subject to job rotation in terms of the Policy. 4.2 Every employee who has completed 3 years continuous working in a particular department shall be liable for transfer to another department within the same office. 4.3 Every employee who has completed 5 years continuous working in a particular office shall be liable for transfer to another office within the same station: Provided that, the total number of such transfers from an office is limited to a maximum of 25% of the total class-wise (Class-Ill and IV separately) strength of employees in that office, fraction of 0.5 and above being taken as 1: Provided further that, minimum 1 such transfer be mandatory. 4.4 In situation where limitation of 25% as indicated in Para 4.3 is to be applied, a class-wise list of employees, for each office, who have completed 5 years of continuous stay in that office may be prepared in descending order of length of stay and from the top of such list a number equivalent to such 25% may be taken out."
(3.) Paragraph 3.7 is also relied upon which is set out hereunder:- "3.7 Nothing contained herein shall be construed to limit, curtail or abridge the authority of the Chairman-cum-Managing Director, or any other office authorised in this behalf by him, to transfer an employee in terms of sub-paragraph (2) of paragraph 18 of the Scheme.";