- (1.) Petitioner joined service as Helper in Sub - Division, Kekri and as per petitioner's own saying he had worked in Sub - Division, Kekri from the date of its inception/entry into service and at one point of time vide order dt.26th October, 2009 while working as CCA - III, he was transferred to the office of A.En. [O&M], Jahajpur. But, on his own request made, he was brought back to the office of A.En. [O&M], Kekri vide order dt.12th November, 2009. For the first time, after working for almost 29 yrs. by now, he has been transferred by the authority from the office of A.En. [O&M], Kekri to Rashmi vide order dt.17th November, 2009, which has been assailed in the instant petition.
(2.) Counsel submits that in the relieving order passed in compliance of the order of transfer dt.18th November, 2009 there is a note that he will not get TA/DA and joining time as he has been transferred on his own request and this fact is factually incorrect for which he made representation pointing out that he never made request for his transfer. In such circumstances, counsel submits that the order impugned whereby he has been transferred from Kekri to Rashmi dt.17th November, 2009, is arbitrary and has not been passed in the interest of administration.
(3.) Counsel further submits that so far as seniority of semi skilled staff is concerned, it is maintained at the Sub - Division level and present order of transfer impugned will affect his seniority for further promotion and is not within the competence of the authority to transfer employees outside Sub - Division under relevant rules.;