WP(C) 3900/2008 BEFORE HON’BLE TMR JUSTICE AMITAVA ROY The orders dated 28.8.2008 and 30.8.2008 passed by the Senior Manager(Pe rsonnel), Cement Corporation of India(hereafter referred to as the ’Corporation’ ) and the Head of Department( P & A) of the Corporation respectively, are i n challenge in the instant proceeding. By the first order, the petitioner has b een transferred from Bokajan Unit and posted at Tandur Unit of the Corporation and by the second, he has been released from the Bokajan Unit . I have heard Mr C.Baruah, Senior Advocate for the petitioner and Mr SN Sarma, Senior Advocate assisted by Mr J Roy, Advocate for the Corporation. The petitioner’s pleaded case is that, he is a permanent workman of the Corporation serving in its rolls as an Electrician in Grade-VI category. He , i n the meantime, has graduated and also hold the degree of Bachelor of law. Bein g equipped with these academic qualifications , he has submitted a representati on to the Chairman cum Managing Director of the Corporation to upgrade him eit her to the post of Personnel cum Administrative Officer or an Officer in the Cor poration. It is the petitioner’s perception that as a sequel to his request he has been transferred out of Bokajan Unit of the Corporation by the impugned ord ers. Mr Baruah while reiterating the above has contended that it being the us ual convention adhered to by the Corporation to entertain such requests for up gradation as made by him, the impugned decision is per se arbitrary and discr iminatory. The learned Senior counsel has urged that the petitioner’s transfer t o Tandur Unit is not in administrative exigency and this is patently a punitiv e step rendering the impugned orders invalid. Mr Sarma , on the basis of the written instructions has submitted that i t would be apparent therefrom that the petitioner’s transfer is need base and be ing wholly impelled by administrative necessity, the imputations to be contrar y are baseless and therefore, no interference with the impugned orders is calle d for. The rival contentions have been duly considered. The written instruction s produced before this Court are extracts from the records of the Corporation w hich contain official communications , reflections thereon and the decisions p receding the issuance of the impugned orders. The records disclose that as far as back as on 19.6.2008 a request was forwarded from the Corporate office of th e Corporation to the General Manager, Bokajan to explore the possibility of sp aring a Electrician from his Unit for the Tandur Unit which due to severe pow er cuts imposed by the Government was necessary tobe operated by DG Set to achieve the organizational target. The aforementioned communication reveals that the Tandur Unit was not equipped with a Electrician with experience of DG Set and that therefore the request was being made. The records reveal that the req uest was processed thereafter to ascertain as to whether any Electrician from B okajan as well as Rajban Units of the Corporation could be spared to cater to the request made and after a threadbare discussion , the petitioner was identifi ed for the job. The records do not reveal any extraneous consideration bearing o n the decisions impugned. On the other hand, the same substantiate a dispassion ate exercise to ascertain the feasibility of releasing a workman from the Bokaja n Unit for the work at Tandor unit. As all the Units under the Corporation having regard to the operational struct ure have to be suitably manned depending on the exigencies of the situations, this Court in view of the revelations as above is not persuaded to sustain t he plea that the impugned decision has been taken to quell the petitioner’s request for upgradation in service. There is no wangle at the Bar that the petitioner is subjected to all India transfer liability as a condition of service and logically therefore is l iable to be posted to any of the Units of the Corporation in India. On a totali ty of the considerations of all above , this Court does not find any justificat ion to exercise its extra ordinary jurisdiction to interfere with the impugned orders. The petition therefore is without any merit and is dismissed. No costs .