CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH KOLKATA O.A. 350/00109/2022 Date : 14.11.2024 Coram: Hon’ble Smt. Urmita Datta (Sen), Judicial Member Hon’ble Mr. Suchitto Kumar Das, Administrative Member ISnh trhi eK manactthearn o fD :u tta, Son of Late Monomohan Dutta, aged about 52+years, residing at 36, Swami Vivekananda Road, Birati, Kolkata- 700051 and working to the post of UDC (SAA) in Garrison Engineers (P) Panagarh, Military Engineering Services, Panagarh, Government of India, Ministry of Defence, District- East Burdwan, West Bengal, Pin- 713420.

……Applicant Vs.

1. Union of India service through the Secretary, Ministry of Defence, (Army, Navy, Airforce), South Block, Nirman Bhawan, New Delhi- 110011.

2. The Chief Engineer Kolkata Zone, Military Engineer Services, Ballygunge Maidan Camp, Gurusaday Road, Kolkata- 700019.

3. The Chief Enginner, Eastern Command, Headquarters, Engineers’ Branch, Pin- 908542, C/O 99 APO, West Bengal.

4. The Garrison Engineer (P), Panagarh, Military Engineer Services, PO Panagarh, Dist. East Burdwan, Pin- 713420.

5. The Commander Works Engineer, Panagarh, Headquarters, Military Engineer Services, Pin- 900349, C/O 99 APO.

…………….Respondents For the Applicant : Mr. P. C. Das, Counsel Ms. T. Maity, Counsel F or the Respondents : None O R D E R(Oral)

Per: Urmita Datta (Sen), Judicial Member

1.

The applicant has approached this Tribunal under Section 19 of the Administrative Tri bunals Act, 1985, praying for the following relief :

“a) To quash and/or set aside the impugned order of transfer dated 15th September, 2021 issued by the Chief Engineer, Headquarters, Eastern Command, Engineers Branch, Pin- 908542, c/o 99 APO, Kolkata in respect of the applicant only whose name appeared at serial no. (ad) by which the applicant was transferred from Garrison Engineers (P) Panagarh to Garrison Engineer (P) (Air Force), Panagarh being Annexure A-4 of this original application which is utter violation of their own Transfer Policy dated 22nd June, 2021 and also utter violation of the landmark judgment of the Hon’ble Supreme Court in the case of TSR Subramanian and without considering the option as submitted by the applicant dated 11th August, 2021 in terms of the said Transfer Policy.

b) To quash and/or set aside the impugned review of posting/transfer order dated 1st December, 2021 issued by the Chief Engineer, Headquarters, Eastern Command, Kolkata in respect of the applicant only whose name appeared at serial No. (q) by which without considering the option exercised by the applicant and without considering such representation they have not changed posting/ transfer order from GE(P), Panagarh to GE (AF) Panagarh being Annexure A-8 of this original application which is utter violation of their own Transfer Policy dated 22nd June, 2021 and also utter violation of the landmark judgment of the Hon’ble Supreme Court in the case of TSR Subramanian.

c) To pass an appropriate order directing upon the respondents to issue an order of posting/ transfer in respect of the applicant either to GE Barrackpore, GE (AF) Barrackpore or CWE (S) Barrackpore in terms of the option exercised by him which is appearing at Annexure A-2 of this original application dated 11th August, 2021 in terms of the Transfer Policy dated 22nd June, 2021 so that he can look after his 87 years old mother and 67 years old elder sister by setting aside and/or quashing the order of transfer dated 15th September, 2021 and review posting/ transfer order dated 1st December, 2021 in respect of the applicant.”

2.

The instant application has been filed basically being aggrieved with non-consideration of his representation dated 07.10.2021 (Annexure-A/5), challenging the impugned order of transfer dated 15.09.2021 (Annexure-A/4), a3s. per the Transfer Policy of the respondents as well as per the options.

During the course of hearing, Learned Counsel for the applicant has fairly submitted that it would suffice its purpose if the competent respondent authority, i.e., The Chi