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2024 Supreme(Online)(CAT) 6162
CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH KOLKATA OA/350/1848/2024 MA/1215/2024 Date of Order: 06.12.2024.
Coram: Hon’ble Smt. Urmita Datta (Sen), Judicial Member Hon’ble Mr. Suchitto Kumar Das, Administrative Member
1. All Indian Defence Accounts Employees Association (AIDAEA) (HQ) Kolkata, represented by Sri Sondeep Mukherjee, Son of Late Dilip Mukherjee, Secretary General, (AIDAEA) (HQ), aged about 53 years, working as Sr. Auditor, (Group-B, Non-Gazeted), Account No. 8333017 under PCDA, Kolkata erstwhile PCA (Fys), Kolkata under the Directorate of CGDA registered address of the Association being Ayudh Bhavan, 10A, S.K. Bose Road, Kolkata - 700001.
2. Sri Nabarun Mukherjee, Son of Late Milan Mukherjee, aged about 52 years, working as Sr. Auditor, (Group-B, Non-Gazeted), Account No. 8335120 at PCDA Kolkata under CGDA, being Vice-President of (AIDAEA) (HQ) Kolkata at present residing at P.O. & Vill. - South Garia, Ras Para, District 24 Parganas (South), P.S. Baruipur, Pin - 743613.
3. Sri Arijit Kundu, Son of Ashoke Kundu, aged about 41 years, working as Sr. Auditor, (Group-B, Non-Gazeted), Account No. 8340856 at PCDA Kolkata under CGDA, being Assistant Secretary General of (AIDAEA)(HQ) Kolkata at present residing at 34, Shyam Sundar Pally, Main Road, Shakuntala Park, Kolkata - 700061.
4. Sri Sujit Kumar Datta, Son of Late Ram Pada Datta, aged about 52 years, working as Sr. Auditor, (Group-B, Non-Gazeted), Account No. 8335605 at PCDA Kolkata under CGDA, being Finance Secretary of (AIDAEA) (HQ) Kolkata at present residing at B/9/M, 35, Lawrence Street, Uttarpara, District - Hooghly, Pin-712258.
………...Applicants Vs.
1. Union of India service through the Secretary Defence, Ministry of Defence, South Block, New Delhi-110001.
2. Controller General of Defence Accounts, Ulan Batar Road, Palam, Delhi Cantt-110010.
3. Principal Controller of Defence Accounts, Kolkata 10-A, S. K. Bose Road, Kolkata - 700001.
….. Respondents For the Applicant : Mr. C Sinha; Counsel For the Respondents : Mr. R Halder; Counsel
O R D E R (O R A L)
Per: Hon’ble Smt. Urmita Datta (Sen) (J): 1. Ld Counsel for the applicant is present.
2. Ld Counsel Mr. R Halder appears on behalf of the respondents. He files his memo of appearance which is taken on record.
3. Heard.
4. The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985, praying for the following relief(s):-
“a) Liberty be granted under Rule 4(5)(b) of CAT (Procedure) Rules, 1987 to file and maintain the petition jointly having a common cause of action.
b) To set aside and quash impugned Order No. AN /X/10050/Seniority- 10/2024/TR-1364 to 1596 dated 29.11.2024 issued by the Office of CGDA qua Applicant No. 2 to 4.
c) To direct the respondents to allow applicant No.2 to 4 to continue in their present place of posting at Kolkata.
d) To direct the respondents to cause them to act in consonance with at Para 8.4 of Transfer Policy dated 28.03.2014 read with circulars dated 26.10.2018, 06.02.2019 and 21.07.2020 and allow exemption to applicant No. 2 to 4 against transfer out of Kolkata being office bearer of All Indian Defence Accounts Employees Association (AIDAEA) (HQ) Kolkata.
e) Any other order or orders as the Hon'ble Tribunal deems fit and proper.”
5. MA/1215/2024 filed by the applicants under Rule 4(5)(a) of the CAT (Procedure) Rules, 1987, for joint prosecution is allowed on being satisfied with the grounds therein. The applicants are accordingly allowed to pursue the remedy jointly. MA/1215/2024 accordingly stands allowed, subject to payment of individual Court fees.
6. Ld Counsel for the applicant submits that the instant OA has been filed by the applicants basically challenging the impugned Transfer Order dtd. 29.11.2024 on the ground that they are the office bearers of the unions who are still holding the association post. Therefore, they have asked for protection under Para 8.4 of the Transfer Policy dtd. 28.03.2014, Para 2 (a) of the Circular dtd. 21.07.2020, Para 2 (xi) of the Circular dtd. 26.10.2018 and Circular dtd. 06.02.2019. In this regard the applicants have made a representation dtd. 02.12.2024 followed by the representation made by the Secretary General of All India Defence Accounts Employees Association (HQ Kolkata). However, as per the Ld Counsel for the applicants none of the aforesaid representations has been considered by the respondent authority. Being aggrieved with the same the applicants have approached this Tribunal and have filed the instant OA.
7. Ld Counsel for the applicants further submits that it would suffice his purpose if an order is passed by this Tribunal directing the respondent no. 2 to consider the pending representations of the applicants treating this OA as a part of it, in light of the abovementioned transfer policies and circulars.
8. Per contra Ld Counsel for the respondents objected the contention made by the Ld Counsel for the applicants and in this regard he brings on record several Circulars and Orders such as Circular dtd. 02.06.2022, Order dtd. 04.08.2022, Circular dtd. 13.10.2023, Circular dtd. 26.12.2023 and Circular dtd. 03.07.2006. All the Circulars/ Orders which are submitted by the Ld Counsel for the respondents are taken on record.
9. In view of the above, we direct the respondent no. 2 i.e. the Controller General of Defence Accounts, Delhi Cantt- 110010, to consider the pending representation of the respective employees treating this OA as a part of it, in light of Para 8.4 of the Transfer Policy dtd. 28.03.2014, Para 2 (a) of the Circular dtd. 21.07.2020, Para 2 (xi) of the Circular dtd. 26.10.2018 and Circular dtd. 06.02.2019 and other relevant instructions/ policies on the subject and communicate the decision to the applicant by way of a reasoned, speaking order within a period of 04 weeks from the date of receipt of certified copy of this order.
10. The respondents are further directed not to give effect to the Transfer Order dtd. 29.11.2024 qua the applicant nos. 2, 3 and 4 till a decision on their repres
