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2024 Supreme(Online)(CAT) 14185
CENTRAL ADMINISTRATIVE TRIBUNAL
Suresh Kumar Batra, J
Rajesh Kumar & Others – Appellant
Versus
Union of India – Respondent
Original Application No.060/115/2023|O.A. No. 060/00116/2023|O.A. NO. 060/551/2023|O.A. ΝΟ.060/552/2023|O.A. NO. 553 OF 2023|O.A. ΝΟ. 060/554/2023|O.A. ΝΟ. 060/864 /2023|O.A. ΝΟ. 865 OF 2023|O.A. ΝΟ. 925 OF 2023|O.A. ΝΟ. 060/926/2023|O.A. ΝΟ.060/00807/2024|O.A. ΝΟ. 060/937/2024
For the Appellants/Petitioners: Mr. Shailendra Sharma
For the Respondents: Mr. Sanjay Goyal, Sr. CGSC
The court emphasized the legitimacy of administrative transfers in service matters, upheld organizational rationalization, and rejected claims of arbitrary action, confirming adherence to policies outlined for managing surplus staff.
Headnote:(A) Administrative Tribunals Act, 1985 - Transfer orders - Challenge to transfer from Equine Breeding Stud, Hisar, to Babugarh - Grounds of arbitrary exercise of power and violation of prior government orders about accommodation of surplus staff within 50 km radius - Court reiterated that transfers are administrative decisions subject to limited judicial review, unless malafide or arbitrary. (Paras 1-28)
(B) Transfers - Burden of proof on applicants - Applicants failed to demonstrate any wrongful action in the decision to transfer based on surplus criteria and lack of position within 50 km - Organizational rationalization upheld as policy-driven, not arbitrary. (Paras 18-24)
Facts of the case:
Applicants, group C employees at Army's Equine Breeding Stud in Hisar, challenged their transfer outside designated relief zones, which they argued violated earlier policies on surplus staffing.
Findings of Court:
Transfer orders were upheld, found transparent and based on established organizational needs and policies. No arbitrariness detected.
Issues: Whether transfer orders adhered to policies for accommodating surplus staff within acceptable distances and whether the applicants were arbitrarily displaced.
Ratio Decidendi: Transfer orders were validated as legitimate administrative actions following standard protocols, dismissing claims of impropriety by the applicants.
Result: Applications dismissed.
| Table of Content |
|---|
| 1. origin of the case and initial applicant claims (Para 1 , 2 , 3) |
| 2. challenges to transfer orders based on surplus considerations (Para 4 , 5 , 6 , 7) |
| 3. legitimacy and policies governing military personnel transfers (Para 18 , 19 , 20) |
| 4. conclusion on the administrative validity of transfer orders (Para 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
