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Judgment
Mahesh Grover, J
This writ petition has been filed impugning the transfer order dated 17.9.2011 (Annexure P-1) on the ground that it is in complete violation of the instructions of the Respondents issued on 8.10.2007 which contemplate that an incumbent working at an Airport will have to serve in airports for a period of 10 years which would include 3 airports with 3 years tenure each (1 year for change over and time taken for joining etc.). Learned Counsel for the Petitioner has referred to para No. 9 where the relevant clause has been reproduced as below:
"Subordinate officers working at Airport will have to serve the Airports for a period of 10 years it means that for the three-three years at three Airports (one year is for training & taking charge) Apart from the administrative reasons subordinate officers working at Airport, no subordinate officer should be sent to other units before the completion of 3 years."
He thus contends that the Petitioner has completed less than 3 years and has not completed 10 years as per the conditions stipulated in the aforesaid instructions and thus pleads that the transfer order was arbitrary.
This Court on 30.9.2011 directed Ms. Anjali Kukkar to seek instructions in this regard. Thereupon she has submitted to this Court today that the reproduction of the instructions as appearing in para 9 of the petition are erroneous. Rather the instructions read as follows:
"6) AIRPORT UNITS
xxxxxx
ii) SOs posted at the airports will have to serve 10 years in the airports itself i.e 3 airports with 3 years tenure each (1 year for change over and time taken for joining etc.) SOS posted in the Airport should not be shifted to other units before completion of 3 years tenure except on administrative/ operational grounds.
SOs will be considered for posting to Airport Sector only after completing at least one tenure in field units."
On due consideration of the matter, I am of the considered opinion that there has been an attempt to mis-lead this Court. There has been a violent departure from the language of the instructions as appearing in the petition with that of the original instructions. Besides this, the instructions as shown by the learned Counsel for the Union of India reveal that a person can be transferred before the expiry of 3 years at a particular airport if the administrative and operational grounds dictate so.
Having regard to the aforesaid, when a purely administrative decision has been taken and also in view of the fact that the Petitioner has attempted to mis-lead the Court, I am of the considered opinion that the petition warrants dismissal.