Legitimate prayer of unfair transfer was overlooked but serious policy matter of compulsory retirement ..

Legitimate prayer of unfair transfer was overlooked but serious policy matter of compulsory retirement to medically unfit was taken up by single bench of High court of judicature suo motto but thanks to division bench headed by chief justice who curbed miscarriage of justice by setting aside impugned order. .

The petition challenged an order of transfer to the Sonauli
Depot.The petition pleaded a ground of inconvenience and the physical unfitness
of the seventh respondent.The learned Single Judge held that there was no need
for a direction of the Court and hence, the petition was disposed of. 
The matter ought to have rested with the disposal of the writ
petition, following the well settled principle circumscribing the jurisdiction
under Article 226 in a matter relating to transfer which is an exigency of
service. However, the learned Single Judge also issued the following
directions: 
“Experience reveal(s) that large number of petition(s) are
filed before this Court by Driver(s) of UPSRTC with a prayer that they are
medically unfit therefore they are unable to perform their duties. In one such
case the Court directed the learned Standing Counsel to submit a list of such
Drivers who state that they are medically unfit. 
 we find no reason or occasion
for the Court to enlarge a limited dispute in regard to the legality of an
order of transfer into a systemic issue relating to compulsory retirement of
medically unfit persons. Hence, we find that the impugned directions which have
been extracted above are unsustainable. 
We, accordingly, set aside those directions. However, we expressly
clarify that we have set aside the aforesaid directions of the learned Single
Judge only on the ground that there was no occasion to issue those directions
having regard to the nature of the lis. This would not be considered as
precluding the jurisdiction of the employer to take recourse to such remedies
as are available in law. Nothing that we have stated shall be construed as
foreclosing any right or submission in that regard either of the employer or
the employees. 
The
special appeal is, accordingly, allowed in these terms and shall stand disposed
of. There shall be no order as to costs. 
Order Date
:- 16.10.2015 

RK (Dr D Y
Chandrachud, CJ) 

2 comments on Legitimate prayer of unfair transfer was overlooked but serious policy matter of compulsory retirement ..

  1. "Experience reveal(s) that large number of petition(s) are filed before this Court by Driver(s) of UPSRTC with a prayer that they are medically unfit therefore they are unable to perform their duties. In one such case the Court directed the learned Standing Counsel to submit a list of such Drivers who state that they are medically unfit.

  2. Whether this is not tyranny that instead focusing on the prayer made by petitioner whether amenable under article226 of constitution of India more focus was on generalization of issue of transfer to compulsory retirement on the ground of medically unfit. Whether it is justified to complicate a simple matter by encroaching the rights of others. Whether a driver has no right to seek reprieve from the court against the arbitrary decision of a bureaucrats. Whether it is justified to remain prejudice in delivering a verdict.

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