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Judgment
Sujoy Paul, J.—Heard. Petitioner is aggrieved by order dated 22.08.2013 whereby, he is sent to working plan Shivpuri from Ashok Nagar. It is contended that the petitioner is 57 years and 7 months old. By taking this Court to the order of Division Bench (Principal Seat) in WA No. 1200/2012, it is contended that the petitioner cannot be posted in working plan because of hard work and in similar circumstances the Division Bench has stayed the transfer order.
I have heard learned counsel for the parties and perused the record.
A bare perusal of Annexure P/10 dated 25.03.2011 shows that the earlier provision of relaxation is discontinued. In clause (4) of this order Annexure P/10 it is clear that employee is not entitled for any exemption regarding posting in working plan. Despite repeated query it was not pointed out by petitioner counsel whether the new policy dated 25.03.2011 was shown to the Division Bench in WA No. 1200/2012 and whether after taking into account this policy Annexure P/10, order Annexure P/9 is passed. In the order impugned Annexure P/1 it is mentioned that the policy dated 12.12.2011 is applicable and as per this policy there is no provision of relaxation/exemption in the matter of posting on the basis of age of an employee.
The judgment/order cited by Shri Tripathi cannot be mechanically made applicable because in those case different policy was applicable. In the present case, as per the petitioner''s own saying the policy dated 25.03.2011 Annexure P/10 is applicable which does not contain any relaxation clause. Resultantly, no flaw can be found in the order impugned.
Interference can be made in Administrative order when it is established that it runs contrary to any statutory provision, changes service condition of an employee is to his detriment, infringes his fundamental or vested right. In absence thereof, no interference can be made in an order of this nature. On the basis of aforesaid, I find no reason to interfere in the impugned order. Petition sans substance and is hereby dismissed.