SUNITA VIJAY NAGARKAR Vs. CHIEF GENERAL MANAGER

JUDGEMENT

(1.) THE applicant by this application under the provisions of Section 19 of the Administrative Tribunals Act, 1985 has challenged her transfer order dated 19.8.2003 issued by the respondent No. 2 and seeks to set aside or quash the same. The facts of the case in brief giving rise to the present proceeding may be stated as under: -

(2.) THE BSNL formulated and published the transfer policy for its employees on 7.5.2008 prescribing the tenure on a post for four years, at station and in SSA (Secondary Switching Areas) for 10 years and in circle for 18 years. The applicant being Junior Telecom Officer was placed under Junior Time Scale and the promotional post of Sub Divisional Engineer is treated as Telecom Engineering Service Gr. 'B' (TES Gr. B). Maharashtra and Goa stated formed a common telecom circle and each such circle is divided into Secondary Switching Area which usually matches with the territory of each district in a State and is also referred to as Telecom District (TD).

(3.) AFTER serving for a few years at Ahmednagar vide order dated 18.3.2011 the applicant was transferred to Kalyan and soon thereafter vide order dated 20.5.2011 she was shifted to Satara in the same capacity as JTO. The applicant served at Satara for a period of 2 years and thereafter applied for a request transfer to Ahmednagar on spouse ground, vide application dated 15.5.2013 addressed to respondent No. 1. Meantime applicant was promoted as Sub -Divisional Engineer vide order dated 19.7.2013, the applicant was transferred from Satara to Ahmednagar TD and she was relieved on 31.7.2013. She reported to respondent No. 2 at Ahmednagar with a representation to post her at Ahmednagar City on personal grounds and on spouse ground. Her request was considered by respondent No. 2 and vide order dated 14/16.8.2013, the applicant was posted as SDE (Admn.), Ahmednagar in place of Shri D.K. Waghmare who was shifted as SDE (Extl. I) at Ahmednagar itself. In pursuance of the said order the applicant assumed charge of her new post on 19.8.2013. However, on the same day, the impugned transfer order was issued by respondent No. 2 showing her transfer to Deolali Pravara SDE (Gr.) treating the earlier transfer order dated 16.8.2013 as cancelled.