CENTRAL
ADMINISTRATIVE TRIBUNAL
BOMBAY BENCH,
MUMBAI.
O.A. No. 715/2011
Dated this
, the th day of February, 2012.
CORAM:
HON'BLE SMT. LEENA MEHENDALE, MEMBER (A)
Shri J.A. R.Khan,
Joint General Manager,
Ordnance Factory,
Dehu Road, Pune,
(R/at: B-2/95, Vail Vihar Society,
Bijlinagr, Chinchwad,
Pune 33. ... Applicant
(Applicant by Shri S.P. Saxena, Advocate)
vs.
1. The
Union of India, through
The
Secretary, Dept. of Defence
Production, Ministry of Defence,
South
Block, New Delhi 110 011.
2. The
Chairman
Ornannce
Factory Board,
10-A.S.K. Bose Road,
Kolkata
700 001.
3. The
General Manager,
Ordnance
Factory, Dehu Road,
(Dist.
Pune).
4. The
General Manager, Ordnance
Factory
Badmal,
Dist.
Bolangi (Orissa State) ... Respondents
(Respondents by Shri R.R.Shetty, Advocate)
O R D E R
This O.A. No. 715/2011 is filed on 8.11.2011 under
Sec. 19 of the Administrative Tribunals' Act 1985 agitating the order of
transfer of the applicant from
Dehu
Road, (Dist. Pune) to Badmal in Orissa on the claim that it is in violation of
the transfer policy.
2. The facts as brought out are that the
applicant who is presently a Senior Level Officer with the Designation of Joint
General Manager at the Ordnance Factory, Dehu Road, Pune had joined the
Ordnance Factory Establishment as Supervisor Grade B on 28.12.1983 and
continued to work in Pune District either at Kirkee or Dehu Road (both near to
Pune). He was selected for a higher post
of Assistant Works Manager in 1996 and underwent the required training at
Nagpur for about an year after which he was posted at Ordnance Factory at Chanda
from 2.12.1997 and continued to work there for nearly 10 years i.e. upto 31st
March, 2007. Chanda is considered as a
hard station posting. He was posted back to Ordnance Facory at Dehu Road in
2007, but he is now under orders of transfer to Badmal in Orissa by order dated 26.08.2011 which order has
been stayed by this Tribunal till the pendency of this O.A. The applicant challenges the transfer order
mainly on four grounds.
(a) As per the transfer policy any person who
has done a hard-station posting should
be given soft station posting atleast
for next five years. But he is now under
orders of transfer to another hard station, only after four years.
(b) There are some other
Officers in the Pune, Kirkee-Dehu Road, belt, who have spent more number of
years at these stations but they have not been disturbed under the present
transfer order.
© His 83 year old father suffering from Bone Marrow disorder has to
undergo regular blood transfusion at Pune. This along with other domestic responsibilities
will make it difficult for him to wok at Badmal.
(d)
The post of Safety Officer Badmal need not be
filled urgently as similar Safety Officer posts are lying vacant in other
stations.
3. The Ld. Counsel for the respondents has
aruged that the basic principle behind the transfer is that the transfers have
to be done as per the exigency of work which must not be allowed to be
hampered. Although the Govt. Departments
endeavor to prepare a transfer policy, it also has to be kept in mind that the
policy is only a guideline and not meant for a
compliance overriding the exigency of work. Hence when some infringments
are there on the transfer policy what needs to be ensured is that the same is
not due to any malafides and it does not cause undue hardship to the incumbent
when weighed against exigency of work. The transfer should give best
possible optimisation of the available manpower by
comparing the expertise of the employees
vis-a-vis the job that needs to be completed. Hence the transfer orders are
best left to the administration and as far as possible there should be no
judicial interference with the transfer order. In support of this basic
principles he has cited six cases, all of them reiterating the principle that
the transfer orders should not be interfered with in judicial review unless
there is a gross violation of rules or malafide. The citations are:
1. State of Maharashtra vs. Vinay Mohal Lal
& Ors, W.P.(L) No.1636/2005 of the Hon. Bombay High Court.
2. M.A.T.
Mumbai Judgements as under:
(1) O.A.No.179/2004 in the case of
Shabbir A Bale vs. State of Maharashtra
&
Ors.
(2) O.A. 188/2004
– Vijay U. Kor vs.
State of Maharashtra & Ors.
(3) O.A. No.
22/7/2004 – Ajay B. Gangurde
vs. State of Maharashtra & Ors.
(4) O.A. 228/2004
Suresh P. Wani vs.
State of Maharashtra & Ors.
3. Writ Petition No. 2764 of 2004 in the case ofShabbir
Abdul Bale vs. State of Maharashtra & ors. Of Hon. Bombay High Court.
4. Writ Petition No. 4691/2003 of Hon. Bombay
High Court in the case of Trayambak Laxman Torane, vs. State of Maharashtra
& Ors.
5. Union of India vs. Era Educational Trust
& Anr. AIR 2000 Supreme Court 1573
6.
Writ Petition No. 2172 of 2007 of Hon.
Bombay High Court in the case of Dr.
Bhikamsing Dongarsing Rajput vs. State of Maharashtra and Ors.
4. The Ld. Counsel for respondent has pointed out that in the present case, the
applicant is a very Senior Officer at the level of Joint G.M, his job is
transferable all over India. He has the
expertise in chemicals which expertise is needed for various chemical related
functions in Ordnance Factory at Badmal.
Further, he has also completed almost five years at Dehu Road, Pune in addition
to the fact that in Junior Grade B he has spent longer part of his tenure in
and around Pune. As regards other
officers pointed out by the applicant who have enjoyed a tenure of more than
five years in and around Pune, the respondents submit that the higher
authorities have to take into consideration the requirements of a particular
work site and the suitability of the
persons to be sent there in such a manner that the production is not lost. Since the Ordance Factory Organisation is
dealing with crucial task of Defence Production, the exigency of work has to
take precedence over other considerations. He submits that therefore, the O.A.
should not be allowed.
5. I have gone through the contentions of
both the ld. Counsel and also all the records on the file. I agree that transferring an officer for the
exigencies of work is a requirement and prerogative of the administrative
authorities. As pointed out by the Ld.
Counsel for the respondents no malafide have been
alleged, nor apparent from the record.
It is also stated that the applicant has 10 years of service left. In view of all this, I do not see any merit
in the O.A. and do not find any need to interfere with the transfer order dated
26.8.2011. Suffice to express my trust
that Badmal being a hard station, the department would consider him for a
non-hard station in due course, as per transfer guidelines.
6. O.A. is, therefore, dismissed. The Ad-Interim Relief granted
by this Tribunal vide Order dated
15.11.2011 stands vacated. No order as to costs.
(Smt. Leena
Mehendale)
Member (A)
sj*
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