UNION OF INDIA Vs. RESHMA M.V.

JUDGEMENT

(1.) The original petition has been filed by the Union of India and others challenging the order dated 16.12.2019 in O.A.No.180/00663/2019 of the Central Administrative Tribunal, Ernakulam Bench.

(2.) The respondent herein-the applicant filed the original application, inter alia , seeking for a direction to consider her application for transfer from GDS BPM, Kappad to GDS BPM, Vellur. The applicant joined service in the department on 13.06.2016. As per the norms, the applicant is entitled to seek transfer only after completion of three years in the said Post Office. However, she submitted an application on 08.06.2019. Since the said application was not considered, the applicant had approached the Tribunal. Before the Tribunal, the petitioners herein took up a contention that the said post at Vellur had already been notified for direct recruitment and, therefore, there was no vacancy to accommodate the applicant nor can her application be considered. That apart, it was stated that the applicant had not completed three years of service while applying for transfer on 08.06.2019 and hence the application itself is invalid. The Tribunal, however, taking note of these aspects stated that there was only five days short of the required three years residency period and, therefore, direction was issued to consider the transfer request of the applicant, on condition that she will relinquish her seniority and will be ranked junior most in the new unit.

(3.) While impugning the aforesaid order, the learned ASG would submit that insofar as the vacancy at Vellur had already been notified, there is no vacancy to accommodate the applicant. That apart, she had not completed three years residency, the usual norm which is followed by the department for transfer and it is well known to all the employees concerned.