Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Online)(CAT) 14026

CENTRAL ADMINISTRATIVE TRIBUNAL
Rajnish Kumar Rai, Judicial Member
Dharmesh Kumar – Appellant
Versus
Union of India – Respondent
Original Application No. 1117 of 2021

Advocates:
For the Appellants/Petitioners: Shri Kaushlesh Pratap Singh
For the Respondents: Shri Vinod Kumar Shukla

Inter-command transfers on compassionate grounds, once approved as permanent and accepted by receiving command, cannot be unilaterally amended to temporary tenure without cogent reason, per departmental policy mandating permanence.

Headnote:(A) Administrative Tribunals Act, 1985 - Section 19 - Service law - Inter-command transfer policy - Compassionate posting on medical grounds - Initial posting order indicated permanent transfer accepted by receiving command without replacement - Subsequent unilateral amendment to limit tenure to two years held arbitrary and without cogent reason - Transfer guidelines mandate inter-command transfers to be on permanent basis after approval, with seniority adjustment - Once accepted by receiving authority, originating command cannot modify terms later, especially post-relief - Health issues of family members persisting, reversion would cause hardship - Impugned amendment and reversion orders quashed, applicant directed to continue at choice station. (Paras 15, 16)

Facts of the case:
Applicant, employed as Mate (SSK), Pipe Fitter, sought inter-command transfer on compassionate grounds citing severe medical issues of wife and father after over five years at parent unit. Board recommended, originating command approved permanent posting to choice station accepted by receiving command without replacement. Subsequently amended to two-year tenure claiming typing error and non-completion of two years service (despite over six years served), leading to reversion order after tenure.

Findings of Court:
Original Application allowed. Impugned orders quashed. Respondents directed to permit applicant to remain posted at choice station. No order as to costs.

Issues: Whether unilateral amendment of accepted inter-command permanent transfer to limited tenure post-acceptance by receiving command is permissible; validity of reversion after compassionate posting considering policy and ongoing family medical needs.

Ratio Decidendi: Inter-command transfers under departmental guidelines are permanent upon approval and acceptance by receiving command; cannot be altered unilaterally without cogent reason. Appellate interference unwarranted where respondents' judgments irrelevant to service transfer policy.

Result: Original Application allowed.

Table of Content
1. applicant's compassionate inter-command transfer request and sequence of events (Para 2)

ORDER

This O.A. has been filed under Section 19 of the Administrative Tribunals Act, 1985 for the following relief(s): -

“(A) To issue order or direction to quash the impugned order dated 21.08.2021 and 26.06.2019 passed by the respondent No. 2 i.e. Chief Engineer, Northern Command, Pin 914698, C/o 56 APO.

(B) To issue any order or direction, which this Hon’ble Tribunal may deem fit and proper under the circumstances of the case.

2. Brief facts of the case are that the applicant was appointed as Mate initially (SSK) in MES and was posted on 19.03.2013 under Commander Works Engineers, Udhampur PIN 900386 C/o 56 ΑΡΟ. After completion of more than 05 years, in the year 2018, the applicant has applied compassionate posting on extreme medical grounds of his father and his wife and has specifically stated that he is ready to lose his seniority. The representation of the applicant was considered by the Board of Officers. After that the Chief Engineer, Northern Command has approved the posting/transfer of the applicant on compassionate ground and further stated the choice station of each individual are mentioned against their name. It is claimed by the applicant that he was posted on permanent posting in view of health problems of family of the individual. The said letter was addressed to Chief Engineer, Western Command, Central Command & Eastern Command, in which it has specifically been stated in paragraph 2 that it is requested to intimate whether above individual are accepted in your Command for posting on compassionate ground to their choice stations sensitive appointment. Vide order dated 23.05.2019, the inter command posting/ transfer on Compassionate ground has been accepted by Chief Engineer, Central Command, Lucknow with the observation ‘without any replacement’ and the applicant was posted at office of GE (AF), Tech. Area, Kheria, Agra. It is relevant to mention here that amendment letter was issued in posting/transfer on compassionate ground vide letter dated 26.06.2019 wherein it has been stated that applicant's posting, which was on permanent basis, was approved by the Chief Engineer, Central Command Lucknow but illegally it has been amended by the Chief Engineer, Northern Command in colorable exercise of power with ulterior and bad motive, only for 2 years posting, specifically stating that individual has not yet completed 2 year's service in the present appointment. Although applicant has already completed more than 6 years in the then present appointment. Against the order dated 26.06.2019, applicant has moved a representation dated 07.07.2021 to the Chief Engineer, Northern Command Pin 914698 C/o 56 APO for reconsidering and reviewing their decision for permanent posting at Agra instead of posting for 2 years. Again vide letter dated 13.08.2019, applicant was directed to report Garrison Engineer (AF) Tech. Area, Kheria, Agra wherein it has been specifically stated that he will reckon his seniority from the date of reporting for duty in the new unit/establishment. The applicant has moved a mercy appeal dated 14.09.2020 addressed to Chief Engineer, Northern Command for reconsider and review their decision for permanent posting at Agra. On 19.02.2021, that in case of Inter Command Transfer/Posting on compassionate grounds to several persons who have been transferred on compassionate grounds, nowhere it has been stated that their seniority will be reckon from the date of joining the duties. But in the case of the applicant, vide letter dated 13.08.2019, it was clearly stated that his seniority will be reckoned from the date of joining the duties, which clearly demonstrate that the applicant has been transferred on permanent basis Vide impugned order dated 10.08.2021, the Chief Engineer, Northern Command C/o APO 56 has requested the Garrison Engineer (AF) Tech. Area, Kheria for reverti

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2024 Supreme(Online)(CAT) 14026

CENTRAL ADMINISTRATIVE TRIBUNALRajnish Kumar Rai, Judicial MemberDharmesh Kumar – AppellantVersusUnion of India – RespondentOriginal Application No. 1117 of 2021

Inter-command transfers on compassionate grounds, once approved as permanent and accepted by receiving command, cannot be unilaterally amended to temporary tenure without cogent reason, per departmental policy mandating permanence.

CENTRAL ADMINISTRATIVE TRIBUNAL
Rajnish Kumar Rai, Judicial Member
Dharmesh Kumar – Appellant
Versus
Union of India – Respondent
Original Application No. 1117 of 2021