Partha Sarathi Bhattacharya v. Water And Power Consultancy Services India Ltd. Presently Known Wapcos Ltd. And ORS.

20.06.2024 Sl. No.19.

D/L.

Mithun Ct.No.23. In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side WPA 11434 of 2024 Sri Partha Sarathi Bhattacharya Vs.

The Water and Power Consultancy services India Ltd. presently known WAPCOS Ltd. & Ors.

Mr. R.N. Bag, Sr. Adv.

Ms. Sharmila Datta Das, Ms. Anasuya Bhattacharya ..for the petitioner.

Mr. Arik Banerjee, Mr. Jayjit Dutta ...for the respondent.

Affidavit-of-service filed in Court today is taken on record.

The petitioner is assailing a transfer order dated 5th August, 2023. The law is well-settled that orders of transfer are passed by the employer concerned for smooth and effective administration purpose. The transfer is a policy decision which is not open to the scrutiny of the Court unless the order is palpably illegal and contravenes any existing service rules or where the employee is sought to be transferred by victimizing the said employee. Admittedly the petitioner's job is transferable one and is required to join at the

transferred place unless the aforesaid grounds are demonstrated.

In this writ petition the petitioner has not been able to make out any prima facie case. The writ petition therefor is unmeritorious and, is, dismissed. The dismissal of the writ petition will not, however, stand in the way in the employer considering the petitioner's representation dated 30th October, 2023 within a reasonable period.

(Arindam Mukherjee, J.)