- (1.) The petitioner and his wife are Medical Executives of the Eastern Coalfields Limited (ECL). The couple is posted in the selfsame area. By an office order dated 15th January, 2019 ECL published a list of Executives who were transferred from their existing places against the grade as indicated. By a release order dated 15th February, 2019, the petitioner was released and transferred in his existing grade from Salanpur to the Kenda area. The petitioner was directed to hand over the charge of the office to his wife, Dr. Shampa Chatterjee (Poddar), Deputy C.M.O, who was appointed as the Area Medical Officer. The Personnel Manager, Salanpur area by an office order dated 21st February, 2019 kept the release order of the petitioner in abeyance, temporarily.
(2.) By another office order dated 22nd May, 2019, the petitioner was transferred from the Salanpur area to the Kenda area but the wife of the petitioner was retained at the Salanpur area. The petitioner along with his wife made an application before the Director Finance / Director Personnel of the Eastern Coalfields Limited objecting to the said transfer.
(3.) The specific contention of the petitioner is that since both the husband and wife are working in the same place, they ought to be transferred together, at the same place, or, not transferred at all. The said transfer will stand in their way of leading a healthy and peaceful family life. The petitioner relies upon a Transfer Policy of Coal India Limited which mentions that subject to administrative exigencies, the Executives shall be given special consideration under the job rotation and transfer policy as under: as far as possible, working couples in Coal India Limited/subsidiaries may be accommodated in the same area or nearest location of the company. ;