Transfers within service are at discretion of authorities based on administrative needs, not strictly bound by service tenure guidelines.

ORAL

Per:Umesh Gajankush, Member (J)

Applicant before this Tribunal is challenging impugned transfer order dated 02nd August, 2024 (Annexure A-1) and representation rejection order dated 30th August, 2024 (Annexure A1-A). By the impugned transfer order, applicant has been transferred from DEO Pune to ADEO Port Blair.

2. Brief facts of the case stated in the OA are that;

2.1 By order dated 02nd August, 2024, applicant has been transferred from Pune to Port Blair. Applicant initially appointed on the post of Sub-Divisional Officer Grade-III in April, 2010. The said post subsequently came to be placed in Grade-II due to abolition of Grade–III post. The applicant is presently working in Grade-I due to his promotion in the year 2020. It is stated that initially in April 2010 applicant was posted in Mumbai and after having worked for about 7 years in Mumbai he came to be transferred to Pune in the year 2017. In November, 2023, the applicant was transferred to Jodhpur on attachment basis for the period of attachment or till further orders vide order dated 19th October, 2023. The Applicant has carried out the said transfer order without raising any objection.

2.2 It is stated that in the family of the applicant, his wife and one son is about six years old and normally Mid Term Transfers are not initiated by the respondents and it is only in case of extreme urgency, only Group ‘A’ officers are shifted and transferred. The applicant’s post is traditionally a Group ‘C’ post which has been upgraded to Group ‘B’ non- gazetted only due to the fact that the said post i.e. SDO Gr.I now carries/attached to Grade Pay of Rs.4200/-.

2.3 It is submitted that as per law laid down by the Hon’ble Apex Court of India in transfer, all transfers have to be effected after the Established Board considers and recommends the eligible officer for transfer in view of the judgment in the case of T.S.R. Subramanian & Ors. Vs. Union of India & Ors., AIR 2014 SC 263 . Accordingly, the DoPT from time to time has laid down and insisted every department should issue a Transfer Policy which in turn has to be followed while effecting transfers. In the present case, it is clear that respondents themselves have fixed a cut off among officers who have completed 10 years of service for being transfer. It is submitted that applicant till date has not completed 10 years of service at the present place of posting and, therefore, the transfer of the applicant is completely arbitrary and against the norms laid down vide letter dated 23rd May, 2023.

2.4 It is submitted that after receiving the order dated 02nd August, 2024, applicant has submitted representation dated 06th August, 2024 and thereafter filed OA No.901/2024 which was decided by order dated 13th August, 2024 directing the respondents to decide the representation of the applicant. Thereafter, by impugned communication dated 30th August, 2024 , the representation of the applicant has been decided by a cryptic and illegal order.

2.5 It is stated that transferred place is about more than 2100 to 2200 Kms from Pune. There is no reason assigned as to what is the administrative exigencies or public interest involved in transferring the applicant from Pune to Port Blair (Andaman-Nocobar Island). Therefore, challenging the aforesaid orders, the present OA has been filed.

3. After notice, official respondents have filed their reply and contested the OA. It is stated that transfer order dated 02nd August, 2024 has been made looking to the administrative exigencies and in public interest and there is no breach of transfer policy. The official respondents have relied upon para 3 of the Transfer Policy dated