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2025 Supreme(Online)(CAT) 2203
CENTRAL ADMINISTRATIVE TRIBUNAL
M. L. SRIVASTAVA, ADMINISTRATIVE MEMBER
Shri Manoj Chourasia – Appellant
Versus
The Union of India – Respondent
Original Application 040/00079/2024
For the Appellants/Petitioners: Sri M. Chanda, Mrs. U. Dutta
For the Respondents: Shri Abhishek Kundu, Addl. CGSC
The applicant is entitled to consideration for choice posting after serving a tenure at a hard station, as per applicable government policies and transfer guidelines.
Headnote:(A) Government of India Orders - 14.12.1983, 22.07.1998, and Revised Posting Policy dated 19.04.2017 - Transfer and posting of employees - The applicant challenged the rejection of his request for a choice posting after serving a tenure at a hard station. The Tribunal found that the applicant is entitled to be considered for a choice posting as per the transfer policy after completing his tenure at Dimapur. The impugned posting order was quashed. (Paras 21, 26)
(B) Administrative Law - Transfer of officers - The policy dictates that officers must serve at least one tenure at Head Office and cannot be posted consecutively to more than two field stations. The Tribunal emphasized adherence to established guidelines and norms for transfers. (Paras 23, 24)
Facts of the case:
The applicant was transferred multiple times since his appointment and sought a choice posting after serving a hard station. His request was denied based on the revised posting policy, which the Tribunal found to be improperly applied.
Findings of Court:
The Tribunal determined that the applicant should be considered for a choice posting as per the applicable policies and quashed the impugned posting order.
Issues: The primary issue was whether the applicant was entitled to a choice posting after serving a tenure at a hard station.
Ratio Decidendi: The Tribunal ruled that the applicant has the right to be considered for a choice posting after completing his tenure, as per the government orders and policies in place, and emphasized the necessity of compliance with established transfer norms.
Result: The impugned posting order dated 05.04.2024 was quashed and set aside.
| Table of Content |
|---|
| 1. factual background of the applicant's service history. (Para 2 , 3 , 4) |
| 2. arguments regarding transfer policies and applicant's rights. (Para 5 , 6 , 7 , 8) |
| 3. details of applicant's representations and responses. (Para 9 , 10 , 11) |
| 4. respondent's arguments against the applicant's claims. (Para 12 , 13 , 14) |
| 5. court's observations on transfer policies and applicant's eligibility. (Para 20 , 21 , 22 , 23) |
| 6. final order quashing the posting order. (Para 26 , 27) |
ORDER
PER: M.L. SRIVASTAVA, MEMBER(A):
Instant Original Application has been filed by the applicant seeking the following relief(s) :-
“8.1. Impugned letter dated 28.07.2023 (Annexure Al) be set aside and quashed.
8.2. Impugned letter dated 18.09.2023 (Annexure A2) be set aside and quashed.
8.3. Impugned posting order dated 05.04.2024 (Annexure A3) be set aside and quashed.
8.3A The Hon'ble Tribunal be pleased to set aside and quash the impugned speaking order dated 01.08.2024 (Annexure A-29) of the O.A. with exemplary cost.
8.4. The Hon'ble Tribunal be pleased to direct the respondents to consider the applicant for choice Delhi/Jaipur/Lucknow/Hisar/Ambala against posting an to available vacancy in terms of GOI OM dated 14.12.1983, 22.07.1998 and posting policy dated 19.04.2017.
8.5. Any other relief or reliefs as the Hon'ble Tribunal may deem fit and proper, including the cost of the case.”
2. Brief facts of the case as emerged from the pleadings are that; applicant was appointed as Store Keeper (Group ‘C’) in the Indian Air Force w.e.f. 05.04.2005 vide appointment order dated 05.04.2005.
3. Subsequently, applicant submitted technical resignation and joined as Stores Officer in Geological Survey of India on 11.06.2010 (FN). He again submitted his technical resignation and joined the post of Manager Grade-I (Grade ‘A’ Gazetted) in the CSD on 26.07.2018 in the Office of CSD, Government of India, Ministry of Defence Headquarter Office, Mumbai. Immediately after his joining, within two months, he was transferred to CSD Depot Hissar as Additional Manager vide posting order dated 07.09.2018. Within six months he was again transferred from CSD Depot Hissar to CSD Depot Jabalpur as Manager vide order dated 12.03.2019. Thereafter, vide posting order dated 10.11.2021 the applicant was transferred to CSD Depot Dimapur wherein, he joined on 29.11.2021 and since then he has been residing at Dimapur along with his family.
4. The instant Original Application has been filed against the impugned letters dated 28.07.2023 and 18.09.2023 whereby and as submitted by the learned counsel for the applicant,the claim of the applicant for choice posting to one of the station out of Delhi/Ambala/Jaipur/Hisar/Lucknow has been rejected denying his benefit of past service and barring him from Large and Extra Large Depot. This OA is also made against the impugned posting order dated 05.04.2024 whereby the applicant has been transferred and posted as Manager from CSD DepotDimapur to CSD HQ Mumbai rejecting/denying him choice posting in terms of Government of India OM dated 14.12.1983 and 22.07.1998 and para 4(vi) and 6(iii) of the Revised Posting Policy dated 19.04.2017.
5. It is further submitted by the learned counsel for applicant that after joining the CSD applicant was ready to serve anywhere in the country as per direction of the authority. It is further submitted by the learned counsel that applicant has been transferred four times since his joining in CSD, Ministry of Defence on 26.07.2018. As averred by the learned counsel for the applicant that respondent department issued a revised posting policy of Group ‘A’ officers vide letter dated 19.04.2017. At para 4 (v) it has been mentioned that request for transfer on compassionate/medical/study ground of the children (10th/12th Board only) will be dealt as per merit of each case. It has been further mentioned at para 4 (vi) that the government policy on transfer to North Eastern Sector, J & K, Andaman and Port Blair shall be strictly adher
