P.T. BENNY Vs. UNION OF INDIA

JUDGEMENT

(1.) This Original Petition (CAT) has been filed challenging an order passed by the Central Administrative Tribunal by which the Tribunal refused to interfere with an order of transfer. The petitioner, while working as Chief Engineer/Construction/North/Ernakulam has been transferred to Thiruvnanthapuram and posted as Additional Divisional Railway Manager (ADRM), Southern Railway, Thiruvananthapuram as per order dated 6.3.2020. The petitioner submitted a representation to the Board inter alia contending that in the normal circumstances and as per Annexure-A6 Circular, an incumbent in an office in the managerial capacity can remain in a post for about two years. The petitioner had only completed 1 1/2 years in the post at Ernakulam. That apart, his son is studying in Std.XII and he requires to remain at Ernakulam. The petitioner also filed Original Application challenging the order of transfer before the Tribunal on 10.3.2020. The Tribunal after considering the respective contentions of both parties, disposed of the Original Application permitting the petitioner to submit a representation to the competent authority for transfer to a convenient place and the respondents were directed to consider the same in the light of the relevant rules and regulations. While impugning the aforesaid order, the learned counsel for the petitioner would submit that the person, who was posted at Thiruvananthapuram has been transferred to Ernakulam. The said person was not willing to be transferred and he had also submitted a representation to the Board. Therefore, it is all the more required that there is no necessity to transfer the petitioner for administrative exigencies as such.

(2.) The learned counsel appearing for the Railways submit that the petitioner had been working at Ernakulam since 19.8.2019 when he was promoted to the post of Senior Administrative Grade/Chief Engineer/Construction/North/Mangalore. While remaining in the said post, he had requested for having the Headquarters at Ernakulam, since his jurisdiction extended upto Ambalpuzha. Accordingly, approval was given on 16.10.2019 reverting the Headquarters of Chief Engineer/Construction/North/Mangalore to Ernakulam and accordingly, the petitioner was stationed at Ernakulam.

(3.) The person, who was appointed as Additional Divisional Manager, Southern Railway, Thiruvananthapuram completed two years in the said post. As per the norms, he had to be transferred to a suitable location. It is therefore necessary on account of administrative exigencies that the person at Thiruvananthapuram had to be transferred to Ernakulam and as a consequence of the said transfer, the petitioner should be relocated at Thiruvananthapuram.