Back
2025 Supreme(Online)(CAT) 1710
CENTRAL ADMINISTRATIVE TRIBUNAL
Mrs. Pratima K. Gupta, J, Dr. Chhabilendra Roul, A
Birender Singh – Appellant
Versus
Indian Council Of Agricultural Research – Respondent
O.A./2990/2024
Shri M.K. Bhardwaj, Advocate; Shri Gagan Mathur, Advocate
Transfer of an employee along with their post violates statutory provisions and transfer policies, requiring proper authority for such actions.
Headnote:(A) Administrative Tribunals Act, 1985 - Section 19 - Transfer of employee - The applicant challenged the transfer order dated 26.06.2024 from ICAR HQ to KVK Shikohpur, claiming it was illegal and arbitrary, lacking authority and violating transfer policies. The Tribunal found the transfer violated statutory provisions and the Ministry of Finance guidelines. (Paras 1, 3, 13.1)
(B) Transfer Policy - The Tribunal ruled that transferring an employee along with their post constitutes creation and abolition of posts, which is not permitted without proper authority. (Paras 12.1, 12.2)
Facts of the case:
The applicant, a Driver at ICAR since 2009, was transferred to KVK Shikohpur, which he contested as illegal due to lack of authority and violation of transfer policies.
Findings of Court:
The Tribunal quashed the transfer order, allowing the applicant to continue at ICAR HQ, while permitting future reshuffles in compliance with applicable rules.
Issues: The main issues were the authority of the respondents to transfer the applicant along with the post and whether such transfer violated statutory rules.
Ratio Decidendi: The Tribunal held that the transfer along with the post was unauthorized and violated the transfer policy and statutory provisions.
Result: The transfer order dated 26.06.2024 is quashed.
ORDER
Hon’ble Dr. Chhabilendra Roul, Member (A):
1. The present original application has been filed under Section 19 of the Administrative Tribunals Act, 1985 seeking quashing of the order dated 26.06.2024 (impugned order) issued by the respondents transferring the applicant along with post from ICAR headquarters to KVK Shikohpur, Gurgaon under ICAR- IARI, New Delhi.
2. When the matter was taken up on 2.08.2024, the learned counsel for the applicant pressed for interim relief seeking stay of the impugned order. This Tribunal vide order dated 27.08.2024 directed that status quo in respect of the applicant’s posting should be maintained. The status quo continues till date.
3. Factual Matrix
3.1 The applicant was appointed as Driver with the ICAR in the year 2009. The cadre structure for Drivers at ICAR ranges as T-1 to T-5. The applicant continued to be working at the level of T-1 (Driver) until March 2016 with the ICAR (HQ) itself. In March 2016, the applicant was away on transfer to IARI and returned in July 2016 as T-1 Driver at ICAR itself. In the year 2014, the applicant was extended time bound pay scale of T-2 Driver and in August 2024 as T-3 Driver. By virtue of an order dated 26.06.2024, the applicant has been transferred to KVK, Shikohpur, Gurgaon an institute of the ICAR. Aggrieved by the said transfer, the applicant has filed the present OA seeking the following reliefs:
“1. To quash and set aside the impugned Order No. 1(1)/2022/Estt./IV dated 26.06.2024 (A-1).
ii. To direct the respondents to allow the applicant to continue at ICAR HQrs., Delhi.
iii. To declare the action of respondents in transferring the applicant from ICAR HQrs. to KVK Sikopur as illegal and direct the respondents to continue the applicant in Delhi.
iv. to allow the OA with cost.
v. To pass any such other order as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case.”
4. Notices were issued to the respondents and they have filed their counter reply to which the applicant has also filed his rejoinder.
5. Submission by the learned counsel for the Applicant:
5.1 Learned counsel for the applicant, while assailing the said order, submits:
(i) the applicant has been transferred in public interest along with the post illegally and arbitrarily, the same was not permissible in law, (ii) the order has been passed by the Under Secretary who is not the competent authority to pass the order, (iii) the only reason for transfer was to accommodate one Shri Bharat Singh at ICAR itself, from the order itself, it is clear that it was not a transfer per se, as the applicant has been transferred along with the post. Though, he confirms that the transfer is permissible but transfer along with the post cannot be done by the respondents. He submits that post of technical cadre from T-1 to T-5 is not transferable in light of the policy of the respondents, annexed at page 46 of the OA, dated 19.03.2020 and revised policy dated 19.03.2021 placed at page 40 of the OA. He refers to para 26 of the policy dated 19.03.2020 and para 2 of policy dated 19.03.2021, which are reproduced as under:-
“xxvi) The above guidelines will also be applicable to the technical personnel recruited in Krishi Vigyan Kendras (KVKs) belonging to ICAR. In these cases, transfer can take place only from KVK of one Institute to KVK of another Institute i.e. the technical personnel recruited in a KVK can be transferred only to another KVK”
“2. Director of the Institute is the Competent Authority for intra-institutional transfer in the case of Category 1, Category II and Category III technical staff of the institute, KVKs and Regional Stations/ Centres under his/her institute”
iv) The two policies do not allow the respondents to transfer the incumbents from ICAR Head Quarters to other institutions. These guidelines only provide for intra- institutional transfer and that too, with the approval of the Competent Authority, which has not been done in the present matter.
v) page 16 of the M
