Pre-tenure transfers without reasons in order, violating policy, are arbitrary and set aside; post-hoc justifications invalid.

ORDER

(As per Hon’ble Dr. Lata Baswaraj Patne, Judicial Member)

By this OA, the applicant sought the following relief:

“……….to call for the records leading to and connected with the proceedings No.SCR/P-HQ/260/N-10/GAZ/2023 dated 07.06.2023 issued under officer Order No.Gaz/146/2023 by the 2^nd respondent to the extent of transferring the applicant from Secunderabad to Mahaboobnagar declare and set aside the same as illegal arbitrary and contrary to transfer policy and consequently direct the respondents to retain the applicant at Hyderabad in any Post as ASTE.

ii) and to pass such other order or orders as deemed fit in the interest of justice.”

2. The brief facts of the case are that the applicant initially recruited as Telecom Maintainer and he earned promotions as Junior Engineer and Section Engineer by way of selection. The applicant by way of selection (LDCE), was promoted from the Group ‘C’ cadre of Section Engineer (Tele) to the Gazetted Cadre to the post of Assistant Divisional Signal and Telecommunication Engineer (ADSTE) during the year 2012. While working as ADSTE from 2012, he was subjected to 5 transfers in a span of eleven years of service during the period from 2012 to 2023. The last being his transfer from Vijayawada to Secunderabad by order dated 19.04.2022. In pursuance to the said transfer, he joined as ASTE/HYB/South at Secunderabad on 11.05.2022. Thereafter, the applicant was once again transferred by the impugned order dated 07.06.2023 by the 2^nd respondent from Hyderabad to Mahabobnagar contrary to the transfer policy governing the case of the applicant. Feeling aggrieved by this, he has approached this Tribunal.

3. After Notice, respondents have appeared through their counsel, filed reply and opposed the relief on the ground that applicant’s transfer has been effected purely on administrative interest from Hyderabad to Mahaboobnagar. In fact, the posting does not mean the attributes of transfers since there is no change in the assignment, but change in the place of functioning only, wich was unavoidable due to administrative requirement. Since Five new stations in this sections were to be commissioned during the year 2023 and as part of the job, the incumbent of the post of ASTE/South/HYB is required to regularly inspect the section of 297 KMs length for satisfactory performance of train control and signaling equipments, to arrange for quick rectification of the failures. This necessitates the incumbent of the post to move from Hyderabad which is at the extreme end of this section, whenever a failure is reported, apart from monitoring the activities connected to the commissioning of the new stations. With the center of activity concentrated in the field, it was most often found difficult for the incumbent of the post of ASTE/South/HYB to be in the field for required time and move at short notice. On a review of the administrative constraints being regularly faced, a decision has been taken to shift the Headquarters of the post of ASTE/South/HYB to Mahaboobnagar duly operating the same as ASTE/MBNR. This decision has been taken at the highest level, keeping in view, of the administrative requirements as well as logistics.

4. The respondents further relied upon various judgments passed by the Hon’ble Supreme Court to justify the said transfer and objected the relief sought and submitted that the Tribunal cannot interfere in the transfer matters and it is the government’s prerogative to utilize services of the employee as per the requirement. Further more, relying upon the observations of Hon’ble Supreme Court in the Shilpi Bose and o