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2014 Supreme(Del) 1735

S.RAVINDRA BHAT, VIPIN SANGHI
R. Jayashree – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioner:C. Hari Shankar, N. Jagdish, Advocates.
For the Respondents:R.V. Sinha, R.N. Singh, A.S. Singh, Advocates.

JUDGMENT

S. RAVINDRA BHAT, J.

1. This writ petitioner challenges the judgment of the Central Administrative Tribunal (CAT) dated 14.8.2012, which rejected her application O.A. 462 of 2012 and upheld her repatriation, by the second respondent, to Chennai. The petitioner’s grievance is that the CAT’s judgment focuses unduly on the question of maintenance of seniority consequent to transfer, an issue that she had conceded before the CAT, while the actual issue for consideration was the validity of her transfer to Chennai. The first respondent is the Union of India, through the Secretary, Ministry of Finance, while the second respondent is the Commissioner of Central Excise (DZ). The third respondent is Devender Kumar Singh (Superintendent).

2. By way of Office Memoranda dated 3.4.1986, 12.6.1997 and 30.9.2009, the Department of Personnel and Training (DOPT) stipulated that spouses were to be orindarily posted at the same station. By way of a circular by the Central Board of Excise and Customs (CBEC) dated 19.2.2004 (the 2004 circular), no Inter-Commissionerate Transfer (ICT) was to be allowed for any Group B, C and D employees from the date of entry into force of the circular. The cir















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