Temporary administrative attachments of government servants permissible for short-term exigency without consent; limited judicial review unless mala fide.

ORDER

Per: Jayesh V. Bhairavia, Judicial Member

In the instant O.A. it is the grievance of the applicant that while they are working as Postal Assistantat at Kolkata GPO and different Divisions of the Postal Department in Kolkata, the competent authority vide orders dated 07.02.2024, 13.02.2024 has decided to attach the service of the applicants on temporary basis i.e. for a period of three months to various Sub Offices at various locations. Their representation against said temporary transfer order also came to be rejected vide order dated 26.02.2024. Hence, being aggrieved, with the order dated 07.02.2024, 13.02.2024 and 26.02.2024 the applicants have approached this Tribunal in second round litigation under Section 19 of the Administrative Tribunal Act, 1985 praying for the following relief:-

“a. Office Order being No. PMG(KR)/SFB/Misc/2023/Pt-1 das 07.02.2024 issued by the respondent No. 4, Office Order dated 13.02.2024 issued by the respondent No. 7 and the Office Order dated 26.02.2024 issued by the respondent No. 4 with respect to applicants are not tenable in the eye of law and as such the same may be quashed;

b. An Order do issue quashing the action of the respondents in attaching the services of the applicants under Baruipur Divisional Office and further commanding them to act and proceed strictly in accordance with law;

c. To grant all consequential benefits;

d. To Call for the records;

e. Costs and incidentals;

f. Any other order or orders as the Hon'ble Tribunal deems fit and proper.”

2. Ld. counsel for the applicant mainly submits as under :-

2.1. It is stated that being aggrieved with the temporary transfer order dated 07.02.2024 whereby the applicants were ordered to be attached to Baruipur Division Office for a period of three months, the applicants had approached this Tribunal by way of filing O.A. 350/00218/2024. The said O.A. was disposed of vide order dated 13.02.2024 by granting liberty to the applicants to file their comprehensive representation before the competent authority and within time limit stipulated therein, the respondents were directed to consider it and in the meantime, the respondents were directed not to take any coercive steps against the applicants while they were performing their duties at the existing place of posting. (Annexure A/9 refer)

2.2. Before the applicants could submit their representation before the competent authority as per liberty granted by this Tribunal vide order dated 13.02.2024 in O.A. No. 350/00218/2024, the respondent No. 7 i.e. the Superintendent of Post Offices, Baruipur Division by taking into consideration the memo dated 07.02.2024 issued by the Post Master General i.e. respondent No. 3 attaching the service of the applicants to Baruipur Division, had issued posting orders dated 13.02.2024 in respect to the applicants herein to Sub Offices under Baruipur Division. (Annexure A/13 refer).

2.3. As per the directions issued by this Tribunal in O.A. No. 350/00218/2024 dated 13.02.2024, the applicants herein had submitted their comprehensive representation before the respondent No. 3 i.e. the Post Master General Kolkata on 19.02.2024 (Annexure A/10 refer) wherein the applicants had contended that the order dated 07.02.2024 attaching the service of total 17 Postal Assistant working at different Divisions/Units to Baruipur Division Office has been issued without obtaining any consent or willingness from the respective Postal Assistants, including the applicants herein. It is also stated in it that there is no departmental ruling for temporary attachme