- (1.) BY the instant writ petition under Art. 226 of the Constitution of India, the petitioner seeks quashing of the order Annexure 14, dated 4 August 2006, with the consequential benefits.
(2.) THE facts and circumstances giving rise to the instant writ petition are that the petitioner was initially appointed in the Department of Atomic Energy of Government of India on 19 March 1974 and since then he has been working with the said department. The respondent Nuclear Power Corporation of India Ltd. (for short, the NPCIL hereinafter) is a Government of India Enterprise and thus amenable to writ jurisdiction being a "State" within the meaning of Art. 12 of the Constitution of India. The NPCIL is having a unit in Rajasthan known as Rajasthan Atomic Power Site (for short, the RAPS hereinafter) and the petitioner has been posted in the hospital of the respondents situated in Bhabha Nagar, Kota and had been working as Medical Superintendent till issuance of the impugned order Annexure 14, dated 4 August 2006. By the order Annexure 14, dated 4 August 2006, the petitioner was transferred to the Directorate of Safety by designating him as Superintendent (Health and Environment). He was directed to report to the Senior J.O. (Safety), NPCIL, Headquarters, Mumbai. Aggrieved by the order Annexure 14 transferring the petitioner to the Directorate of Safety as Superintendent (Health & Environment), the petitioner has filed the instant writ petition.
(3.) A reply to the writ petition has been field by the respondents stating therein that the respondents Corporation has transferred the services of the petitioner from Medical Division to the Directorate of Safety without changing the Headquarters and also without changing the status. perks and/or facilities, etc., in any manner and designated him as Superintendent (Health and Environment) and, thus, according to the respondents, the present change has not cause any prejudice to the petitioner or his service conditions. It has further been stated that the petitioner was posed in the hospital of the Corporation as Medical Officer "C" and was holding the charge of the Medical Superintendent in RAPS Hospital. It has further stated that under the Policy of Human Resources Training Programmes sponsored by the respondents, the petitioner attended various training programmes. The petitioner was initially appointed as the Medical Officer 'C' at RAPP Hospital on 10 March 1974 and thereafter his services were transferred to Madras Atomic Power Station. In June 1990, he was transferred to Tarapur Atomic Power Station. Thereafter 1 on 17 January 1996, the services of the petitioner were transferred to Kaiga wherein petitioner was designated as Medical Superintendent. In October 2000, the services of the petitioner were transferred to Headquarters at Mumbai with direction to report to the Executive Director (Operations) vide posting order, 5 dated 16 October 2000. It has further been submitted in the reply that the Government of India has decided to incorporate Bhartiya Nabhikiya Vidyut Nigam Limited for construction, commissioning, operation and maintenance of PFBR and FBRs for generation of Nuclear Energy and make it commercially viable for the development of the country and as a policy -decision, it was decided to draw the man -power initially from various Units of Department of Atomic Energy as to fulfillment of scientific, technical, medical, administrative and financial expertise for management of the new Project and financial expertise for management of the new Project and for the same, the petitioner was transferred on deputation for short period of two years by considering his long service experience. This new corporation has. been set up under the administrative control of DAE and CMD of NPCIL is also the Chairman and Managing Director of BHAVINl. It has further been stated in the reply that the transfer was made considering the experience of the petitioner on the same terms and conditions prevailing in the present department of employees and after the transfer of the petitioner to BHAVINI, Dr. A.K. Manuwal was appointed as an officiating Medical Superintendent at R.R. Site who is a qualified doctor having other higher qualifications hence it is not correct to say that Dr. A.K. Manuwal is not qualified to be posted as officiating Medical Superintendent at R.R. Site. It has further been submitted 25 that at Rawatbhata Rajasthan Site -RAPS -2 to 4 are operating units of 220 Mwe PHGWRs and two units of the same capacity, i.e., RAPP -5 & 6 and going to be commissioned shortly. Under expansion programme at the site envisages setting of two more units i.e. RAPP -7 & 8 with the capacity of 700 Mwe PHWRs at RR site. In nuclear power plants, electricity is being generated by fusion of atom with radioactive substances hence continue monitoring of Health & Safety for protection of humans and environment are essential functional requirement under the statutory guidelines. These functions are being carried out with the help of Safety. TLD, Environmental Survey Lab., etc. and, therefore, there is an absolute necessity of a senior medical officer who is able to interact easily with local population and having the experience of similar work was felt and hence the services of the petitioner has been transferred to the Directorate of Safety as Superintendent (Health and Environment). Thus, according to the reply the transfer of the petitioner has been made in the administrative exigency and public interest for safety for human - beings and the environment and that too for a period of two years.;