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2025 Supreme(Online)(CAT) 7347
CENTRAL ADMINISTRATIVE TRIBUNAL
Suchitto Kumar Das, Administrative Member
Mrityunjoy Sikder – Appellant
Versus
Union of India – Respondent
O.A. 350/1542/2024 | O.A. 350/1526/2024
For the Appellants/Petitioners: Mr. C. Sinha
For the Respondents: Mr. B.B. Chatterjee
The imposition of an age criterion for extending transfer tenure without policy basis was held discriminatory and set aside, affirming equal eligibility for all employees.
Headnote:(A) Administrative Tribunal Act, 1985 - Section 19 - Discrimination in transfer policy - Applicants challenged the age-based differentiation for extension of their loan basis transfer tenure, arguing it violated policy guidelines without basis - Court found the age condition arbitrary and unattached to the original Transfer on Loan policy. (Paras 10, 11, 12)
(B) Quashing of Transfer Conditions - The condition of extension only for employees above 45 years was set aside, directing extension for all eligible employees without age discrimination. (Para 12)
Facts of the case:
The applicants, working as Inspectors of Income Tax, sought an extension for their loan basis transfer in West Bengal. A new policy included a clause for extension of tenure only for employees over 45 years, leading to a challenge based on perceived discrimination.
Findings of Court:
The inclusion of the 45 years cutoff was unjustified and did not conform to policy parameters, thereby requiring the extension to apply uniformly regardless of age.
Issues: The main issue addressed was the legality and fairness of age-based criteria in the extension of transfer tenure.
Ratio Decidendi: The court determined that the age requirement was not a legitimate component of the existing transfer policy; thus, it constituted an unlawful discrimination against the applicants.
Result: The impugned letter was set aside, and the respondents were ordered to extend tenure for all eligible applicants without regard to age.
| Table of Content |
|---|
| 1. challenge to transfer policy based on age criteria (Para 3 , 4 , 5 , 6) |
| 2. court found age condition arbitrary and set it aside. (Para 10 , 11 , 12) |
ORDER
Per Mr. Suchitto Kumar Das, Administrative Member :
1. This matter is taken up by Single Bench in view of the revised list dated 04.04.2000 issued under Sub section (6) of Section 5 of the Administrative Tribunal Act , 1985 and as no complicated question of law is involved this matter is taken up for disposal.
2. Due to parity in the nature of grievance and facts pleaded, O.A No. 350/1542/2024 and O.A No. 350/1526/2024 are being heard out analogously, upon due notice, to be disposed of by this common order, with consent of all the sides.
3. The applicant in O.A No. 350/1542/2024 has approached this Tribunal under Section 19 of the Administrative Tribunal Act , 1985, praying for the following relief(s):
“a) To set aside and quash impugned letter dated 17.10.2024 issued by the Office of Central Board of Direct Taxes, Directorate of Income Tax (Human Resource Development) with regard to inclusion of Para 3 and incorporation of a yardstick that tenure of those where NOC has been given by both the region and those above 45 years, the tenure may be extended upto 31.03.2026 being arbitrary and discriminatory to the interest of the applicant who is under 45 years of age.
b) To set aside and quash impugned Email dated 17.10.2024 issued from the office of DCIT, Hqrs. (Personal and Establishment) Kolkata with the decision that applicant may be relieved with immediate effect.
c) To direct the respondents to allow the applicant to continue in the present place of posting in the Office of PCCIT, West Bengal and Sikkim by extending the tenure of the applicants on loan basis transfer till 16.08.2026 as both the home and recipient region has no objection with regard to extension of tenure of transfer on loan basis.
d) To direct the respondents to consider the case of the applicants for permanent absorption in the Office of PCCIT, West Bengal and Sikkim Region as both the home and recipient region has no objection with regard to extension of tenure of transfer on loan basis granting benefit of judgment dated 10th October 2023 in O.A. 2012/2021 by the Hon'ble CAT, Principal Bench and Judgment dated 10th January 2024 in O.A. 839/2021 to 841/2021 by Hon'ble CAT, Chennai Bench.
e) Any other order or orders as the Hon'ble Tribunal deems fit and proper.”
4. The applicants in O.A No. 350/1526/2024 have approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985 praying for the following common relief(s):
“a) Liberty be granted to file an maintain the Original Application under Rule 4(5)(a) of the Central Administrative Tribunal (Procedure) Rules, 1987.
b) To set aside and quash impugned letter dated 17.10.2024 issued by the Office of Central Board of Direct Taxes, Directorate of Income Tax (Human Resource Development) with regard to inclusion of Para 3 and incorporation of a yardstick that tenure of those where NOC has been given by both the region and those above 45 years, the tenure may be extended upto 31.03.2026 being arbitrary and discriminatory to the interest of the applicants who are under 45 years of age.
c) To set aside and quash impugned Email dated 17.10.2024 issued from the office of DCIT, Hqrs. (Personal and Establishment) Kolkata with the decision that applicants may be relieved with immediate effect.
d) To direct the respondents to allow the applicants to continue in the present place of posting in the Office of PCCIT, West Bengal and Sikkim by extending the tenure of the applicants on loan basis transfer till 16.08.2026 as both the home and recipient region has no objection with regard to extension of tenure of transfer on loan basis.
e) To direct the respondents to consider the case of the applicants for permanent absorption in the Office of PCCIT, West Bengal and Sikkim Region as both the home and recipient region has no objection with regard to ext
