NARENDRA NATH TIWARI, J. - (1.) IN this writ petition, the petitioner has challenged the transfer order dated 9.4.07 as well as the relieving order dated 14.4.07 issued by the Commissioner, C.M.P.F. Dhanbad. The petitioners case is that he was posted as Programme Analyst at the Head Quarters of C.M.P.F Office, Dhanbad. In the year 2000 he was transferred to Nagpur to the post of Programme Analyst, though there was no post at Nagpur. However, he had joined Nagpur Office. After a few months he was again transferred to Dhanbad. The petitioner was again transferred to the Office of the Joint Commissioner, Division -II, Nagpur on the ground of administrative exigency by the order dated 5.2.07, but that order was subsequently cancelled by the Commissioner. By the impugned order dated 9.4.07, the petitioner has been transferred as Programme Analyst to the Regional Office, Godavarikhani, District - Karimnagar (A.P.).
(2.) THE petitioner has assailed the impugned transfer order on the following grounds: -(i) There is no post of Programme Analyst at the Regional Office, Godavarikhani. (ii) The petitioner is a technical person and he has been transferred as In -charge of the Regional Office at Godavarikhani which is a non - technical post, (HI) The Commissioner has got no power to transfer the post of Programme Analyst to any other place. A counter affidavit has been filed stating, Inter alia, that the petitioner Is the Programme Analyst The C.M.P.F Organization is under the process of total computerization. A policy decision was, thus, taken to set up the Regional Office of C.M.P.F at Godavarikhani, Ramagundem in the State of Andhra Pradesh. Nine personnel/C.M.P.F officials and two officers have already been transferred and posted to that place. The petitioner, who is specialized In the field of computers, has been transferred from Dhanbad to the Regional Office at Godavarikhani. He has been already relieved by the order dated 14.4.07 to join and take charge at that place. The order of his posting has been issued in view of the administrative exigency of the C.M.P.F. Organization and in the public interest for the purpose of proper disbursement of provident fund and pension claims of at least 29,000 pensioners through the Regional Office at Godavarikhani. There is no malafide in issuing the impugned order. Neither the same has been issued by way of punishment. The petitioner has been posted at Dhanbad for about 19 years, out of 20 years of his service period. He was posted at Nagpur only for one year.
(3.) WHEN this case was taken up on 12.7.07, learned Counsel for the petitioner submitted that there is no existing post of Programme Analyst at the Regional Office, Godavarikhani and as such he being Programme Analyst: cannot be transferred to that place. Controvert the said contention, the respondent No. 2 had sought some time to make specific statement and to bring on record the document to satisfy this Court that the petitioner has been posted at the same post.;