Dr Abha Mathur v. National Thermal Power Corporation Limited & ANR

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 443/2017 DR. ABHA MATHUR ..... Appellant Through:

Mr.Darpan Wadhwa, Sr. Advocate with Mr.Arnav Kumar, Mr.Aubert Sebastian & Mr.Toyesh Tiwari, Advocates.

versus N.T.P.C.

..... Respondent Through:

Mr.Varun K. Chopra & Mr.Sandeepan Pathak, Advocates for R-1.

Mr.Ripu Daman Bhardwaj, Advocate for R-2.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 06.07.2017 CM No.23411/2017 Exemption allowed subject to all just exceptions. The application stands disposed of.

LPA 443/2017 The Appellant has preferred the present appeal challenging the interim order dated 30.06.2017 whereby the appellant's application to seek stay of her transfer i.e. CM No.22749/2017 has been dismissed by the learned Single Judge.

The appellant who is an employee of NTPC was transferred from NTPC Badarpur Thermal Power Station to NTPC-Meja Thermal

Power Project located in Meja Tehsil, Distt. Allahabad, Uttar Pradesh. The appellant aggrieved by her transfer order dated 01.05.2017 has filed a writ petition claiming that her transfer order was arbitrary and against the terms of the transfer policy of the NTPC. She further contended that she is due to retire on superannuation on 31.01.2019 and in terms of Clause 12.1.2 of the NTPC Transfer Policy, she is entitled to choose the place of her posting. She further claimed that in terms of Clause 10.4 of the NTPC Transfer Policy, even if she was to be transferred, she could have been transferred only on promotion. Learned Single Judge while issuing notice in writ petition for 27.07.2017 declined her interim prayer. He has also taken into account the pertinent fact that the appellant has been posted at the same location i.e. Badarpur for a period of 10 years and consequently in terms of Clause 12.4 of the Transfer Policy, she is liable to be compulsorily transferred.

Mr.Wadhwa, learned senior counsel for the appellant has while conceding that the appellant has been posted for more than 10 years within the NCR including 5 years at the NTPC Power Plant at Badarpur submits that the transfer is mala fide inasmuch as the same has been triggered on account of the appellant raising queries under the Right to Information Act and the issue of her promotion which is being stalled. He further submits that the appellant has raised her grievances before the CVC which is the reason for her transfer. Lastly, he submits that the transfer has been made with a view to reemploy a retired NTPC employee. We have heard Mr.Wadhwa, learned Senior counsel and

perused the records.

We do not find any error with the view taken by the Single Judge and the same does not call for any interference. The appellant has admittedly remained posted at Delhi and within the NCR for more than 10 years.

We have also noticed the fact that though it has been contended before us that the transfer is malafide yet in the writ petition apart from the NTPC and the Union of India, no officer of the NTPC has been impleaded personally against whom any allegation of personal mala fide has been made. It is even otherwise well settled that transfer is an incidence of service and transferred employee must first join his duties at the place of posting before raising his grievances. The observations made by the learned Single Judge in the impugned order are tentative qua the merits of the appellant's petition, which is pending adjudication.

The appeal is therefore dismissed.

VIPIN SANGHI, J REKHA PALLI, J JULY 06, 2017 gm