UNION OF INDIA Vs. UTSAB DEB

JUDGEMENT

(1.) This writ petition has been filed by the Union of India challenging the order dtd. 17/2/2022 passed by the learned Central Administrative Tribunal (CAT), Guwahati Bench in O.A./40/257/2021. The writ petitioner here is the Union of India represented by the Secretary, Defence Research and Development Organization. The respondent has joined the Defence Research and Development Organization (in short "DRDO") in the year 2004. He had sought for a posting to a nearby place to Kolkata where his ailing father was residing. He was, accordingly, transferred to Defence Research Laboratory (in short "DRL"), Tezpur which is under DRDO. The respondent completed his tenure in Tezpur, which according to him is considered to be a hard posting and he, therefore, submitted a representation dtd. 8/1/2018 for his transfer to either of the places, namely, Gwalior/Mysore/New Delhi/Bangalore as per Office Memorandums dtd. 14/12/1983 and 22/7/1998. It was followed by another representation dtd. 30/1/2019. The respondent even tried for mutual transfer with one incumbent from Hyderabad but the same was also not considered. The authority then sent him on deputation to DRL Dett. Salari, Arunachal Pradesh but his movement was cancelled due to Covid situation. The respondent then filed O.A. No. 135/2021, which was disposed of with a direction to consider his pending representation. In terms of the said direction issued by the CAT, Guwahati, representations were considered by the petitioner but were however rejected vide order dtd. 10/8/2021. Being aggrieved the respondent filed another O.A. being O.A. No. 257/2021 assailing the order dtd. 10/8/2021 rejecting his representation.

(2.) The petitioner contested the matter before the CAT, Guwahati by filing their written statements. It was contended on behalf of the petitioner that the respondent was posted at DRL, Tezpur on compassionate ground without any pre-condition and that it was not a normal tenure posting. Further his posting to DRL Dett Salari in Arunachal Pradesh was not on deputation but a rotational roster duty which is assigned to all incumbents as per need basis. The respondent belongs to DRDO and is liable to be posted for field services of Research and Development and it is the prerogative of the employer to post the incumbents as per need basis. It was further contended that the respondent's qualification does not sync with the work at Hyderabad and that his transfer could not be considered due to non-availability of scientist and also it was administratively not feasible to do so. For all these reasons, the requests for transfer could not be acceded to.

(3.) The Central Administrative Tribunal vide impugned order dtd. 17/2/2022 allowed the application holding that the respondent is entitled to his choice of posting in view of the guidelines laid down under the general policy of transfer as the respondent has served in hard stations. The Tribunal directed the petitioners to post the respondent to his choice of posting to any of the places amongst Gwalior/Mysore/New Delhi/Bangalore and the same was directed to be carried out within one month from the date of the receipt of the copy of the order.