UNION OF INDIA Vs. RAJU SINGH

JUDGEMENT

(1.) This writ petition is filed by Union of India and its officers against the order passed by the Central Administrative Tribunal, Chandigarh Bench (the Tribunal for short) in OA No. 060/01172/2014 dated 24.09.21 15 with further prayer to prohibit the Tribunal not to farther proceed and entertain the petitions with respect to the guidelines dated 17 04.2010.

(2.) The case of the petitioners is that respondents, who are 72 in number filed OA challenging the transfer policy dated 17.04.2010 particularly paras 66 and 77 as discriminatory, violative of Articles 14 and 16 of the Constitution of India and consequential orders passed by the Headquarters '' 138 Works Engineer (HQ 138 WE) '', It is stated in the writ petition that OA NO.1077/JK/2002 was filed to implement the policy of MES for management of Group -C and D Cadres and on 07.10.2013 the Tribunal passed a speaking order and directions were issued to consider the matter regarding request of the applicants for transfer out of Leh complex in accordance with the policy within a period of two months. The present writ petitioners, who were respondents in the said OA considered the request in terms of the guidelines for management of Group C and D cadres of MES dated 17 -04 2010 and rejected the same. The said order was challenged by the respondents in OA. contending that after appointment by HQ Chief Engineer, Northern Command, they were posted at Leh, which has been declared as hard station and remains cut off from the rest of the Country for a considerable number of months in a year. They have been discriminated against other management Group C and D cadre staff working in the same department as the management cadre staff are transferred from Leh after every 2 -3 years whereas the respondents were working on technical side are not being transferred outside Leh.

(3.) The writ petitioners by filing the written statements contending that since vacancies have occurred under HQ 138 Works 1 Engineer Leh and when vacancies had arisen it was specifically mentioned therein that selected candidates shall have to work at HQ 138 Works Engineer, which is stationed at Leh and therefore, the guidelines for management of Group C and D cadres cannot be applied in case of respondents, who are industrial employee and they cannot be posted out of station except on account of mandatory requirement arising either on account of being surplus or due to exigencies of services and in that event the department shall be obliged to follow the guide lines specified in the IBID. It was also the case of the petitioners before the Tribunal that there is huge deficiency of industrial staff at HQ 138 W.E., therefore, their posting outside Leh will cause huge deficiency in the Unit and will affect the functional deficiency, hence the order passed was not sustainable. The question of transfer from Leh is not possible, which will discriminate the seniority/promotions of industrial persons of concerned Commander as the seniority and promotion of industrial persons are controlled by Commander Works Engineer wise. The Tribunal ordered to give rotational posting in the plain area, however, without noticing the guidelines as well as the necessity to retain the respondents in the Unit.