Tuesday, January 8, 2013

OA No 489/2010 on 01-07-2011





P.Venkat Rao,
S/o B.Appala Naidu,
Aged 55 years, working as
Section Officer (F&A),
National Aerospace Laboratories,
Vimanapura Post, Kodihalli,
Bangalore – 560 017. ...Applicant

(By Advocate Shri A.R.Holla)


1. The Director General,
Council of Scientific & Industrial Research,
Anusandhan Bhavan,
18, Institutional Area,
2, Rafi Marg,
New Delhi – 110 001.

2. The Joint Secretary (Administration),
Council of Scientific & Industrial Research,
Anusandhan Bhavan,
18, Institutional Area,
2, Rafi Marg,
New Delhi – 110 001,

3. The Director,
National Aerospace Laboratories,
Vimanapura Post, Kodihalli,
Bangalore – 560 017.

(By Senior Central Government Standing Counsel Shri M.V.Rao)



This OA is filed on 6.12.2010 under Section 19 of Administrative Tribunals Act, 1985 seeking  following reliefs:
“(i) To quash (a) Office Memorandum No.3-4(C)/2010-E.1 dated 10.08.2010, Annexure-A4, so far as the transfer and posting of the applicant to CECRI, Karaikudi is

concerned, and (b) Order No.3-8(322)7/9-E.1 dated 30.11.2010, passed by the respondent No.1, Annexure A12, asking director NAL to relieve the applicant to join at Karaikudi at the earliest.

(ii) To direct the respondents to post the applicant as Finance & Accounts Officer against the existing vacancy under the respondent No.3 in Bangalore or alternately transfer the applicant to Chennai or Hyderabad in pursuance of his representation dated 18.06.2010, Annexure -A2 and

(iii) Grant such other relief deemed fit, having regard to the facts and circumstances of the case.”

2. The brief facts of the case are that the applicant who is Section Officer (F&A) in National Aerospace Laboratories, Bangalore was empaneled for promotion to Finance & Accounts Officer, he stands first in the order of merit.  He was asked to indicate his three preferences for posting on promotion.  He gave preference for Bangalore, Chennai and Hyderabad in that order.  However, his actual posting order in the promoted cadre is for CECRI, Karaikudi,  (Tamil Nadu).  This is in disregard of his option.

3. Moreover, the applicant claims that his wife requires specialised medical treatment which is available at the 3 posting given by him as choice but are not available at Karaikudi, hence he may be retained at Bangalore in the existing vacancies.    He also prayed for interim order requesting the Tribunal to stay the operation of the order No.3-8(322)7/97-E.I dated 30.11.2010 passed by Respondent-1 (Annexure A12).  The interim prayed was granted on 9.12.2010 and has been extended from time to time thereafter and will continue till the date of final order.

4. The applicant gave a representation to the respondents dated 12.8.2010 as seen at Annexure A5 alongwith which he also produced a medical certificate obtained from medical officer, NAL which mentions that the wife of the applicant,
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being a patient of diabetes requires medication for a prolonged period.  There is also a certificate attached which only mentions that the applicant required medical treatment at NAL and it is suspected that he may have sero-negative inflammatory arthritis.  His representation was forwarded to Joint Secretary, CSIR on 17.9.2010.  In support of the same on 12.10.2010 his immediate Superior Officer namely Dr.Upadhya, Director, NAL requested the Head Office to retain the applicant at NAL, Bangalore by stating as follows:
“The sectioned Budget of NAL including Revenue, Capital, Networked Projects and Centrally Operated Funds is Rs.24706.840 lakhs  besides sponsored/Consultancy/Grant-in-aid Projects and Laboratory Reserve.  In addition the Laboratory handles two major CSIR Centres viz., C-CADSD and C-MMACS.  In view of the above, there is heavy work pressure and the services of Shri Venkatarao is found to be absolutely essential for continuity and handling of Mega Projects of the Laboratory.

5. These representations were disposed of by the respondents i.e., Director General, CSIR (Respondent-1) and Joint Secretary, CSIR (Respondent-2) by the relieving order at Annexure A12 dated 30.11.2010 stating that they have considered all the requests but have concluded that the requests cannot be granted.   Hence this application has been filed.

6. In their reply the learned Counsel for respondents has referred to the reply statement filed by him and has emphasised that:
(a) The transfer order has been issued in public interest and the consideration of the public interest overrides all the guidelines.
(b) The officer in the rank of Finance & Accounts Officer alongwith the Finance & Accounts for Stores and Purchases have a common cadre and are liable to be posted to any Laboratory of CSIR through out India.
(c ) The choice and preference obtained from Officers are considered only subject to availability of vacancy.  His merit, revealed by his standing first does not give him a claim over a posting.
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(d) The applicant was transferred to NAL, Bangalore in 2004 and has completed 7 years in the same stations.
(e) As far as the medical certificates regarding the applicant and his wife, they seem to be suffering from diseases such as diabetes, BP, Arthritis which are fairly common nowadays and require a prolonged treatment.  However, they cannot be categorised as being an emergent disease requiring specialised medical attention.  Further since these ailments require life-time medication it is not justified that the applicant should never be transferred out of Bangalore.

7. We also find that in para-5 of the reply statement it is mentioned that another Finance and Accounts Officer Shri Periandavar who was earlier posted as CECRI, Karaikudi   from 7.4.2004 had  requested for a transfer to Bangalore on the ground that he was  superannuating on 30.11.2010 and that he requested to be posted at NAL where he joined w.e.f. 20.11.2009.  It therefore, appears that this officer namely Shri Periandavar may have retired in November, 2010 before which the transfer order of the present applicant was issued on 10.8.2010 and his representation too was replied immediately on rejecting his request.  But the vacancy may have become available after 1.12.2010.

8. The learned Counsel for respondents has also stated that there are cases of many other officers in the cadre of Finance & Accounts Officer and it is obvious that some of them must be posted at such Centres of CSIR which are not necessarily big cities like Bangalore, Chennai, Hyderabad.  Not relieving the applicant from his present posting means keeping on hold the posting of some other persons at some other stations such as in the instant case.  In view of these inter-related issues involving many people it is not always possible to accommodate every officer at his choice place of posting.

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9. After hearing the arguments carefully as well as after going through all the statements and annexures, we feel that there is no merit to interfere with the impugned order except for making one mention.   We express our hope and trust that the CSIR administration will accommodate the present applicant as per his preference some time in future as and when the possibility arises including the possible vacancy in Bangalore.  Accordingly, OA is dismissed.  The interim stay is vacated. No costs.



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