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2024 Supreme(Online)(CAT) 14184
CENTRAL ADMINISTRATIVE TRIBUNAL
SURESH KUMAR BATRA, J
Rajesh Kumar & Others – Appellant
Versus
Union of India through Secretary Ministry of Defence – Respondent
Original Application No.060/115/2023 | O.A. No. 060/00116/2023 | O.A. No. 060/551/2023 | O.A. No. 060/552/2023 | O.A. No. 060/553/2023 | O.A. No. 060/554/2023 | O.A. No. 060/864/2023 | O.A. No. 865 OF 2023 | O.A. No. 925 OF 2023 | O.A. No. 060/926/2023 | O.A. No. 060/937/2024 | O.A. No. 060/00807/2024
For the Appellants/Petitioners: Mr. Shailendra Sharma
For the Respondents: Mr. Sanjay Goyal, Sr. CGSC
Transfer of surplus employees must comply with policies; arbitrary transfers can be challenged only for malafide reasons.
Headnote:(A) Administrative Tribunals Act, 1985 - Section 19 - Transfer orders - The applicants challenged a common transfer order to relocate from Equine Breeding Stud, Hisar to Babugarh - Respondents did not provide adequate justification or options for transfer - The Court found the transfer justified under Ministry of Defence guidelines for managing surplus staff. (Paras 1-28)
(B) Transfer Policy - Transfer of surplus employees beyond 50 Kms is allowable if vacancies do not exist within that range - The Ministry of Defence’s rationalization of manpower is a lawful administrative process - Transfers serving as administrative needs cannot be interfered with unless arbitrary or based on mala fides. (Paras 18-28)
| Table of Content |
|---|
| 1. challenge to transfer orders based on surplus staffing. (Para 1 , 2 , 4 , 5 , 6) |
| 2. justification for transfer under government policy. (Para 8 , 9 , 10 , 11 , 12 , 14 , 18) |
| 3. court's reasoning on limiting judicial intervention in transfer matters. (Para 19 , 28) |
ORDER
Per: SURESH KUMAR BATRA MEMBER (J):-
1. The above captioned 12 Original Applications have been filed by the applicants under Section 19 of the Administrative Tribunals Act, 1985 seeking identical reliefs on identical grounds challenging a common transfer order qua applicants, therefore, these are taken up for hearing and adjudication together, with the consent of learned counsel for the parties. The facts, for the sake of convenience, are taken from O.A. No. 115/2023 titled Rajesh Kumar & Others Vs. Union of India and Others. The relief claimed is as under:-
i) Summon the records of the case and after perusing the same quash letter dated 16.1.2023 (Annexure A 3) issued by respondent no. 3 as well as the list dated 21.1.2023 (Annexure A 4) as displayed by the respondent no. 4 on the basis of letter Annexure A-3, whereby the respondent no. 3 and 4 has ordered the transfer/posting of the applicants from Equine Breeding Stud, Hisar to Equine Breeding Stud Babugarh in Uttar Pradesh.
ii) Issue directions to the respondents to adjust the applicants within 50 kms from Hisar in view of letter Annexure A 1 at different Military Installations having defence civilian employees either in Hisar or nearby areas like Sirsa, Ambala Cantt. etc after taking option/willingness from the applicants.
2. The facts, as taken from O.A. No. 115/2023 titled Rajesh Kumar & Others Vs. Union of India and Others, are that the applicants were appointed as Syce at Equine Breeding Stud, Hisar in Jan/Feb, 2016. Since the Remount Veterinary Corps is a dying cadre in the Ministry of Defence, so it was decided to close certain breeding farms in a systematic manner by reducing the man power at the first instance and in this regard, process was started in the month of August 2022, when in view of Army HQ Letter No. 80298/Q/R B 1, dated 8.8.2022, certain persons were transferred by respondent no. 4 from Hisar to Equine Breeding Stud Babugarh in Uttar Pradesh vide letter dated 16.8.2022 (Annexure A-2), but the respondent no. 4 retained certain employees at Hisar itself.
3. The respondent no. 3 issued a letter dated 16.01.2023 whereby 40 civilian employees posted at Equine Breeding Stud Hisar, including the applicants, have been transferred to different stations mentioned against their names (Annexure A-3). Thereafter, on the basis of letter Annexure A-3, the respondent no. 4 displayed the list on 21.1.2023 (Annexure A-4) on the notice board reflecting the names of the persons to be posted out of Hisar and the names of the applicants figures at Sr. Nos. 11, 12, 23 and 24 for their posting at Equine Breeding Stud Babugarh in Uttar Pradesh, which is approximately 500 kms away from Hisar. The applicants submitted a representation dated 24.1.2023 to the respondent no. 4 to enquire that on what ground the transfer/posting order has been made (Annexure A-5). The respondent no. 4 vide letter dated 30.1.2023 provided the copy of the letter Annexure 3 to the applicants but did not assign any reason as to on what ground the transfer has been ordered (Annexure A-6).
4. The applicants pleaded that even, if, the applicants have been declared surplus on account of rationalization/closer of the Equine Breeding Stud Farm at Hisar, though they could have been adjusted in nearly defence civilian installations in Hisar, where two Garrison Engineers of Military Engineering Services are stationed and further there is Armored core of Indian Army, Army Supply Units at Hisar and further Military Hospital is also situated at Hisar. In addition to this, there are numerous Military Installations nearby Hisar like Sirsa, Ambala Cantt etc. where defence civilian staff is posted and the applicants could have been adjusted
