ORDER

Per: Hon’ble Suchitto Kumar Das, Administrative Member 1. The applicant has filed the present OA under Section 19 of the Administrative Tribunals Act, 1985 praying for the following relief:

“a) To quash and/or set aside the impugned speaking order dated 13.06.2022 issued by the Director General Ordnance, Government of India, Ministry of Defence, Directorate of Ordnance (C&S), Kolkata being Annexure A-15 of this original application which is a cryptic one by overriding the decision of this Hon’ble Tribunal which is issued by utter violation of the DoPT OM dated 30.09.2009 and also by violation of the office memos dated 24.09.2021 issued by the Government of India, Ministry of Defence, Department of Defence Production which is appearing at Annexure A-16 and A-17 of this original application.

b) To quash and/or set aside the impugned order of transfer being No. JTR/60/DOO/PER/GB/2022 dated 11 th April, 2022 issued by the Deputy Director/GB, Directorate of Ordnance (C&S), Kolkata in respect of the applicant whereby your applicant has been transferred from Directorate of Ordnance (C&S), Kolkata to Directorate of Ordnance (C&S), New Delhi office wherein the name of the applicant appeared at Serial No. 2 as JWM by violation of the landmark decision passed by the Hon’ble Supreme Court in the case of TSR Subramanian & Ors. vs. Union of India & Ors. as well as in utter violation of the DoPT OM dated 30.09.2009 being Annexure A-6 of this original application.

c) To quash and/or set aside the impugned release order on the same date being Daily Order Part-II No. 95 dated 11 th April, 2022 whereby just after issuance of the impugned transfer order within a time of 10 minutes, the release order has been issued against the applicant being Annexure A-7 of this original application.

d) To declare that the impugned order of transfer being No. JTR/60/DOO/PER/GB/2022 dated 11 th April, 2022 being Annexure A-6 of his original application and the impugned release order on the same date being Daily Order Part-II No. 95 dated 11 th April, 2022 being Annexure A-7 of this original application are deliberate violation of the landmark decision of the Hon’ble Supreme Court in the case of TSR Subramanian & Ors. vs. Union of India & Ors. because it has not been routed through any Placement Committee and also violates the DoPT OM dated30.09.2009 which cannot be sustainable in the eye of law and it may be liable to be quashed and/or set aside in the eye of law.

e) To pass an appropriate order directing upon the respondent authority to retain your applicant in the office of Directorate of Ordnance (C&S), Kolkata on the spouse ground .”

2. For the sake of clarity, facts in the case are delineated and discussed hereinunder :

2.1 The applicant was posted as Junior Works Manager (JWM) (Technical/. Mechanical) Ordnance Factory Board, Headquarter at Kolkata since April, 2017.

2.2 After the corporatization of the Ordnance Factories, the applicant made a detailed representation on 13th December, 2021 before the Director General of Ordnance (Coordination & Services), Kolkata to retain him in the office of Directorate of Ordnance (Coordination & Services), Kolkata on compassionate/humanitarian ground by enclosing the Birth Certificate of his child aged about 25 months and the Identity Card of his wife who is a State Government employee. The applicant also submitted an option on 09.02.2022 wherein he exercised his first option in respect of preference of posting at the same unit at Directorate of Ordnance (C&S), Kolkata.

2.3 Directorate of Ordnance (C&S) vide order dated 11.04.2022 transferred the applicant from Directorate of Ordnance (C&S) Kolkata to Directorate of Ordnance (C&S), New Delhi. The applicant was released from his post on the same day.

2.4 Aggrieved with his transfer/release orde