1 S.B.CIVIL WRIT PETITION NO.5145/2006 Ashutosh Sharma v. The New India Assurance Company Ltd. & Ors. Date of Order :: 10th July, 2008 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. Anil Bhandari, for the petitioner. Mr. Anil BAchhawat, for the respondents. .... The Chief Regional Manager of the New India Assurance Company Limited by order dated 14.8.2006 transferred the petitioner from Bhilwara DO (330800) to Gulabpura Branch (330803) in terms of sub-paragraph (1) of paragraph 18 of the General Insurance (Rationalization and Revision of Pay Scales and Other Conditions of Service of Supervisory, Clerical and Subordinate Staff) Scheme, 1974 (hereinafter referred to as “the Scheme of 1974”). While assailing validity of the order aforesaid the contentions of counsel for the petitioner are that :- 1. the order impugned is without jurisdiction being passed by the Chief Regional Manager instead of General Manager (Personnel) who is the authority competent to transfer the petitioner; and 2 (2) the petitioner being suffered with a major disease could not have been transferred from one station to another before the period specified. On the other hand, the stand of the respondents is that as per para 18(1) of the Scheme of 1974, as amended time to time, every employee is liable to be transferred from one department to another in the same office, from one office to another in the same station and to meet the requirement or need of the company or corporation, as the case may be from one station to another in terms of the Transfer and Mobility Policy as approved by the Board of the Company or Corporation. The transfer of the petitioner, according to the respondents, was made as per the provisions of the Scheme concerned. It is also stated that the General Manager exercising the powers under para 7 of the Scheme empowered the Chief Regional Manager to transfer a member of ministerial staff and, therefore, the order of transfer passed by the Chief Regional Manager is a competent one. As per the respondents the petitioner was suffering from a major disease and, therefore, his category was changed from development to administrative much back in the year 1988. His transfer was made at the distance of 50 kms. within the period specified i.e. of 10 years. 3 Heard counsel for the parties. From perusal of the provisions referred above and quoted in reply to the writ petition, it is apparent that the Chief Regional Manager was empowered by the General Manager (Personnel) to effect transfer of an employee from one station to another and as such the allegation of the petitioner that the order impugned is without jurisdiction, is having no merit. The another contention of the counsel for the petitioner that the petitioner being suffered with a major disease, could have not been transferred from Bhilwara to Gulabpura, is also of no consequence as the petitioner is in employment of the respondents since 1984 and his category was changed in the year 1988. His transfer is made by the Chief Regional Manager after completion of 10 years of service and i.e. permissible under the Scheme. No error, therefore, is committed by the respondents while transferring the petitioner from Bhilwara to Gulabpura. The writ petition is accordingly dismissed. ( GOVIND MATHUR ),J. kkm/ps.