MANOJ KUMAR DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ application has been filed by the petitioner challenging the order dated 17.9.2009 passed by the Central Administrative Tribunal, Cuttack Bench, in O.A. No. 236 of 2009.

(2.) The petitioner approached the Tribunal in the aforesaid Original Application challenging the order dated 15.5.2009 transferring him from the post of Senior Divisional Accounts Officer, in the office of the Chief Engineer, Rural Works, Orissa, Bhubaneswar to the office of the Executive Engineer, Mahanadi South Division, Cuttack on the ground that he can only be transferred against a post categorised as 'Very Heavy' and not to a post which has been categorised as 'Heavy'. According to the petitioner, four categories of posts have been identified, namely, 'Very Heavy', 'Heavy', 'Medium' and 'Light'. In Annexure-4 different posts have been categorised into the aforesaid four categories and 43 posts have been identified as 'Very Heavy' post. It is the case of the petitioner that as Senior Divisional Accounts Officer in the office of the Chief Engineer, Rural Works, Orissa, Bhubaneswar, he was occupying a 'Very Heavy' post and therefore, on his representation for a transfer to Khurda, he could have been posted against a 'Very Heavy' post out of 43 identified and not against a 'Heavy' post at Cuttack. Reliance was also placed by the petitioner on the Transfer Policy annexed to the writ application and it was stated that a person in the higher grade may be allowed to remain in the lower grade if only he gives in writing and therefore without consent of the petitioner he could not have been posted to a lower grade while working in a higher grade.

(3.) A counter affidavit was filed before the Tribunal wherein it was stated that the Transfer Policy only lays down the Guidelines and these Guidelines have no statutory force. It was also contended in the counter affidavit that the post against which the petitioner has been posted does not affect him in any manner and he shall continue to get the same scale of pay and the same benefits and therefore, no prejudice has been caused to the petitioner by such transfer.