- (1.) Heard learned counsel for the parties finally at admission stage.
(2.) The writ petition has been preferred as against the order dated 21.8.2010 passed by the Central Administrative Tribunal, Jodhpur (hereinafter referred to as 'the Tribunal' for short) whereby the Tribunal has quashed the order of transfer of respondent Parbat Singh Champawat from Jodhpur to Bikaner. The respondent-employee is holding the post of Wool Marketing Development Officer (hereinafter referred to as 'WMDO' for short). Vide order dated 21.8.2010 his transfer was ordered. Initially, the order was assailed by way of filing writ application before this Court being CWP No. 8214/2010, which was dismissed on the ground of want of jurisdiction vide order dated 16.12.2010. Thereafter, original application was preferred by the respondent-employee before the Tribunal.
(3.) The case set Up by the applicant-respondent-employee was that Government of India has issued a notification on 7.7.1987 establishing the Central Wool Development Board at Jodhpur specifying that Headquarter of the Board will be at Jodhpur. The post of WMDO held by the respondent is an isolated post at Jodhpur. It was further pointed that Wool Testing Centre was set up at Bikaner with creation of certain posts in July, 1993. It was further submitted that Ministry of Finance, Government of India vide order dated 25.10.1977 has banned the transfer of posts within an organisation without approval of the Ministry. The respondent-employee filed representation, but the same was not considered. It was also submitted that as the respondent was witness in crucial inquiry conducted by the CBI against the NGOs, the employer to protect the high and mighty persons, have transferred him to a place where no such equivalent post exists. As the post was not existing at Bikaner, the transfer could not have been ordered. In the reply filed by the petitioner-employer it was contended that order dated 25.7.1977 was issued by Director, Ministry of Textiles, Government of India and not by the Finance Ministry. The post of WMDO is in the Board and that post has also been transferred by the competent authority from Jodhpur to Bikaner. The matter was considered by the Executive Committee and thereafter, by the governing body of the Board and it was decided to transfer the post of WMDO to Bikaner, which is the biggest wool Mandi in Asia. In order to achieve marketing in all wool producing States, the Ministry of Textile approved a new scheme and sanctioned "Revolving Fund for Marketing of Raw Wool" on 29.3.2010. Nearly 75% of the total carpet grade woolen yarn is produced at Bikaner and by placing a Wool Marketing Officer at Bikaner will not only help the poor Sheep Breeders/Wool Groweres, but will also help in marketing of raw wool in the biggest Woolen Mandi of Asia. Thus, the transfer has been ordered alongwith the post. Chairman has passed the appropriate order. ;