High CourtsDivision Bench(2014) 03 KAR CK 0242

Basavaraj S. Ghale vs Union of India, State of Karnataka and Karnataka Antibiotics and Pharmaceuticals Limited

Karnataka High Court · Decided on 19 March 2014

HON’BLE JUDGES
D.H. Waghela, C.J · B.V. Nagarathna, J
RESULT
Dismissed
CASE NUMBER
W.A. No. 598 of 2014 (S-TR)

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Judgment

4 paragraphs · 317 words

D.H. Waghela, C.J.—The appellant has preferred this appeal from order dated 26.11.2013 of learned Single Judge in WP No. 51956/2013 whereby, the challenge to transfer of the petitioner by the employer-company, respondent No. 3, has been spurned. In the earlier round of litigation in respect of the same cause of action, the Court had directed the respondent-company to consider representation dated 19.10.2013 of the appellant and that representation has already been considered and rejected on the basis of Clause-15 of the letter dated 23.10.2007 issued to the appellant for his appointment. The only argument canvassed by the appellant is that the impugned order of transfer dated 10.10.2013 transferring him from Engineering Stores Department to Marketing Department and posting him at Guwahati was unreasonable and illegal insofar as the petitioner had the educational background of Engineering and he could not have been posted in the Marketing Department at Guwahati. It was seen from the record that by the letter dated 23.10.2007 offering appointment to the appellant, it was inter alia made clear as under;

12.

You will be liable to serve in any department of the Company or shift with any designation or function as may be assigned to you from time to time by the Company.

15.

Your services are liable to be transferred to Company''s establishments in any part of India or abroad and to the holding Company or its joint ventures or subsidiaries or associate companies in any part of India or abroad, which may be established in future irrespective of its location.

2.

In view of the above express conditions of service, the appellant could not have claimed any further consideration of his qualification or convenience for challenging the order of his transfer. Therefore, the Court has rightly dismissed the petition by the impugned order and no interference is called for. Accordingly, the appeal is summarily dismissed along with the interim applications made therein.