S C BATRA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner challenges the order dated 1.12.2006 transferring him to the post of Regional Manager, Chandigarh. He also seeks quashing the relieving order dated 4.12.2006. The petitioner has been working as Secretary since December, 1997 and was posted at the head office of the respondent No.2 at Delhi. By the impugned transfer order, he has been posted to Chandigarh as Regional Manager. The ground for challenge is that the order is illegal inasmuch as the post of Regional Manager, Chandigarh is a post lower than that of the Secretary and a Secretary cannot be posted to a post lower unless there is an order of punishment to that effect. The petitioner's counsel has laboured to show that the post of Regional Manager is lower than the post of Secretary. Before the Court, the parties have presented the Central Warehousing (Staff) Regulations along with the amendments. The last amendment to the said regulations was made on 27.2.2004 As per the present regulations, the hierarchy of the posts is as under:- Joint Manager, Manager, Secretary/General Manager and Executive Director. The pay scales of Secretary and General Manager are the same. In this hierarchy, the Regional Manager does not figure. There is nothing in the regulations, which mentions the level of Regional Manager. There is nothing to show that a Regional Manager is a person lower in status than a Secretary. The attention of the Court is drawn to various other orders of transfer of officers, which show that the officers of the cadre of Manager (General) have been posted as Regional Manager. There is also an order dated 19.3.2004 showing a General Manager being posted as Regional Manager. The post of General Manager is equivalent to the post of Secretary. Therefore, it can fairly be said that the Secretary can also be posted as Regional Manager.

(2.) It is further submitted by the petitioner's counsel that the Secretary cannot be posted as Regional Manager. However, nothing specific could be shown from which such a finding can be drawn. May be, there is no earlier instance of a Secretary being posted as a Regional Manager. This will, however, not establish that the rules and regulations do not permit a Secretary to be appointed as a Regional Manager.

(3.) In a note submitted today by the respondents, the position of a Regional Manager is explained. The Regional Manager as per Regulation 2(m) of the CWC (Staff) Regulations, 1986 means the officer in charge of Regional Office of the Corporation. It is contended that there is no substantive post with a separate specified pay scale of Regional Manager. Whenever any officer of the Corporation is posted as the Head of the Region (Regional Office of the Corporation), he is known as the Regional Manager. It is further stated in this note that the officer, who is posted as the Regional Manager always carries the pay scales attached with the substantive post, which he is holding. The note also states that Mr.S.C.Batra now being posted as Regional Manager will carry the same pay scales which he is entitled to in his capacity as Secretary. As for the level of the officer to be posted as the Regional Manager, it is stated in the note that the Corporation, keeping in view the need and administrative exigencies posts any senior officer to head any region as Regional Manager. Therefore, it is clear that the post of Regional Manager cannot be equated with any of the post in the hierarchy as given in the Regulations. Depending upon the exigencies of the situation, the Corporation can decide on the level of an officer to be posted as Regional Manager in any particular region.