The authority of administrative bodies to manage postings and transfers is upheld unless proven mala fide, regardless of employee preferences.

ORDER

Heard Shri V.K. Upadhyaya, assisted by Mr. Sujit Agarwal, learned counsel for the applicant and Shri Raghvendra Pratap Singh, assisted by Ms. Karishma Singh, learned counsel for the respondents at the time of hearing of the case.

2. This Original Application under Section 19 of the Central Administrative Tribunal Act, 1985 has been filed by the applicant, seeking the following reliefs:-

8 (i) To set aside the order impugned dated 03.05.2024 passed by the respondent-2 in respect of the posting of applicant from HQ CE (AF), Prayagraj to DGNP, Vizag.

(ii) To pass an appropriate order or direction by directing the respondent-2 to consider the claim of the applicant for transfer to Lucknow Station as per first choice and consider and decide the representation submitted by the applicant dated 22.09.2023, seeking transfer from HQ CEF Prayagraj to Lucknow Station.

(iii) Award the costs of this Original Application in favour of the applicant throughout.

3. The case of the applicant lies in a narrow compass that the applicant is presently working as Director (C) HQ CE (AF) Prayagraj and posted at HQ CE (AF), Prayagraj Zone. The applicant initially joined as Assistant Executive Engineer (QS & C) at Lucknow on 13.02.1997 in the office of the Chief Engineer, Lucknow Zone, Military Engineer Services (hereinafter referred as ‘MES’).

3.1 The applicant during his service period has served at different places and was promoted to the post of Superintending Engineer (QS & C) cum Director (Contracts ) and he was posted in the office of Head Quarter Chief Engineer, Shillong Zone, Meghalaya. Since the last posting of the applicant at Shillong under Eastern Command is considered to be Tenure Station as per Clause-19 (g) of the Guideline, Cadre Management of MES Civilian Officers vide Office Memorandum F. NO.6(12)/2015/D (works II ) dated 09.10.2015, he eligible for choice station. Therefore, after completion of tenure station, the applicant submitted his three choice station for posting such as Lucknow, Allahabad and Delhi respectively on 23.01.2020, the applicant was not transferred to Lucknow vide order dated 30.06.2020, whereas, he was transferred to HQ (CE) Jabalpur Zone.

3.2 Aggrieved by the same, applicant represented before the respondents on 02.07.2020, but no heed was paid. Hence, the applicant earlier approached before Central Administrative Tribunal, Guwahati Bench by filing Original Application No.12/2020, which was disposed of vide order dated 24.07.2020 with a direction upon the respondents to decide the pending representation of the applicant, within a period of three months.

3.3 In view thereof, the respondent-2 vide order dated 15.09.2020 modified the earlier order dated 30.06.2020, by which the applicant was transferred to present place of Posting i.e. HQ CE (AF) Allahabad, but he was not transferred to his first choice station i.e. Lucknow on the ground that there were no vacant post at Lucknow.

3.4 Aggrieved by the same, the applicant again filed an Original Application No.234 of 2020 before the CAT, Guwahati Bench. However, during the pendency of the aforesaid O.A., the applicant joined his service at Allahabad on 22.10.2020 and since then, he is continuously discharging his duties with utmost sincerity. The aforesaid Original Application was disposed of vide order dated 28.10.2020 with the observation that the respondents Authority shall treat this O.A. as a comprehensive representation and consider the case of the applicant by disposing the representation to be submitted by the applicant subject to the availability of the vacancies at Lucknow as and when vacancies arises and pass a reasoned