SHIV RAM MEENA Vs. FOOD CORPORATION OF INDIA
LAWS(P&H)-2021-5-23
HIGH COURT OF PUNJAB AND HARYANA
Decided on May 26,2021

Shiv Ram Meena Appellant
VERSUS
FOOD CORPORATION OF INDIA Respondents

JUDGEMENT

AVNEESH JHINGAN,J. - (1.) The matter is taken up for hearing through video conference due to COVID-19 situation.
(2.) The petition in the nature of Certiorari is filed for quashing of transfer order dated 5th November, 2020 and relieving orders dated 9th April, 2021 and 4th May, 2021.
(3.) The petitioner joined Food Corporation of India (hereinafter 'F.C.I.') as Technical Assistant Grade-III on 7th May, 1997. As of now, he was working as Manager (Quality Control) at Food Storage Depot (F.S.D.) Center Dhuri, District Sangrur on a Category-II post. The petitioner was promoted to the post of Manager (Quality Control) on 15th June, 2016 and since posted at Sangrur. On 28th August, 2020, the petitioner was transferred from Sangrur to Rajasthan region. The transfer order was modified on 5th November, 2020, transferring the petitioner to Jammu and Kashmir (J&K) region. The order of transfer was kept in abeyance till 31st March, 2021 due to COVID-19 situation. In continuation of office letter dated 31st March, 2021, a letter dated 8th April, 2021 was issued extending the tenure periods upto 15th June, 2021 due to spread of COVID-19. On 9th April, 2021, a representation was made by the petitioner for cancellation of his transfer. Petitioner represented that as per Comprehensive Transfer Policy Guidelines for employees of Food Corporation of India (hereinafter 'Transfer Policy Guidelines'), the tenure of Category-II employee at one region is 10 years whereas the petitioner had only completed 4 years and 5 months. Moreover, there were other Managers in Sangrur who had longer tenure than the petitioner.;


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