RAMESH KUMAR S/O SHRI KISHAN CHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) APPLICANT seeks quashing of order dated 15.02.2006 issued by DRM's Office, New Delhi, vide which he was directed to report back for duties at DRM Office Moradabad, stating that there existed no vacancy of Pharmacist in grade of Rs. 4500-7000/- at present in DRM Office, New Delhi. It is further recited therein that "as and when the vacancy of Pharmacists in Gr. Rs. 4500-7000 is available, your office will be advised accordingly as per priority".

(2.) Admitted facts of the case are that applicant was appointed as Pharmacist Grade-III w.e.f. 01.10.1997 and has been working in Moradabad Division of Northern Railway. As he belongs to Sonepat Distt. (Haryana), he applied for inter-Divisional transfer from Moradabad Division to Delhi Division in July 2005. DRM, Moradabad forwarded his request to DRM, New Delhi vide communication dated 15.7.2005. On 24.8.2005, DRM, New Delhi required DRM, Moradabad to process his application and accordingly sent service book etc. for necessary action at their end, which had been carried and, therefore, vide communication dated 16.09.2005 DRM, New Delhi communicated to DRM, Moradabad that the applicant should be relieved on his request transfer to Delhi Division, accepting bottom seniority and also to clarify whether any vigilance case etc. is pending against him. In compliance of above, DRM, Moradabad spared him on 13.02.2006 (AN) to report DRM/NDLS for further duties and also certified that no D&AR/SPE/Vig. case was pending against him.

(3.) RESPONDENTS contested the claim laid in OA and stated that applicant has no vested right to remain posted at one place or the other. He had applied for transfer at his own request from Moradabad Division to Delhi Division accepting bottom seniority. He could not be adjusted due to non-availability of vacancy of Pharmacist Grade Rs. 4500-7000/- and as and when vacancy of Pharmacist in the aforementioned grade is available, DRM, Moradabad will be advised accordingly. It was further stated that request for inter-divisional transfer was forward to Delhi Division against direct recruit quota vacancy. Learned Counsel for respondents contended that applicant cannot be considered against direct recruit quota of Pharmacist Grade 4500-7000/-, as he had been promoted to said grade of Pharmacist Grade-III.