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2025 Supreme(Online)(CAT) 8913
CENTRAL ADMINISTRATIVE TRIBUNAL
Umesh Gajankush, Member (Judicial), Shri Krishna, Member (Administrative)
Shri Rajesh M. Bhiwgade – Appellant
Versus
The Union of India – Respondent
O.A.2117/2019
For the Appellants/Petitioners: Shri M.G. Burde
For the Respondents: Shri Avdhesh Kesari
Transfer and re-designation require statutory qualifications; failure to meet these results in application dismissal.
Headnote:(A) SRO 185 dated 01.11.1994 - Transfer and re-designation of employees in industrial establishments - The applicant did not possess NTC/NAC qualification in the requested trade for re-designation from NIE to IE; therefore, the rejection of his application was deemed valid based on statutory provisions and the guidelines established. (Paras 6-11)
(B) Administrative procedure and criteria for qualification - The tribunal upheld that the applicant's lack of requisite qualifications precluded the consideration of his claims. The employee must necessarily possess qualifications per the guidelines to be eligible for such transfers. (Paras 8-10)
Facts of the case:
The applicant sought to challenge the denial of his re-designation in the trade of Mason or Pipe Fitter and claimed discrimination based on prior transfers granted to others without relevant qualifications.
Findings of Court:
The tribunal found no merit in the applicant’s claims as the re-designation decisions rested on statutory and administrative guidelines that the applicant did not fulfill.
Issues: The primary issues involved the eligibility for re-designation based on qualifications and whether prior similar cases established bias.
Ratio Decidendi: The tribunal stated that adherence to statutory qualifications for re-designation is mandatory and that previous cases do not set a precedent if qualifications vary.
Result: The application is dismissed.
| Table of Content |
|---|
| 1. the court addresses the facts regarding the applicant's request for re-designation. (Para 1 , 2) |
| 2. the court reviews arguments presented by both parties. (Para 3 , 4) |
| 3. the court observes procedural adherence to qualifications required for re-designation. (Para 5 , 6 , 7) |
| 4. court clarifies the principles governing qualifications for re-designation. (Para 8 , 9 , 10) |
| 5. conclusion drawn balancing rights and adherence to statutory guidelines in employment. (Para 11 , 12) |
ORDER
Per : Umesh Gajankush, Member (J)
The present O.A. has been filed by the applicant seeking the following reliefs:
“1) That, the Hon’ble Tribunal be pleased to declare the impugned order issued by the Respondent No.3; vide its letter No.2076/RD/IES/LB/2018 dated 21.02.2019 and thereby denied re-designation of the applicant from the post of NIEs to IEs (Annex.’A-1’) as illegal and the same be struck down and set it aside.
2) That, the Hon’ble Tribunal also be pleased to declare the impugned order issued by the Respondent No.2; vide its impugned letter no.Per/I/800/NIE-IE/2015-16 dated 25.05.2015 in continuation of and/or its earlier impugned circular no.800/GENL/A/I Vol.III/45 dated 24..06.2011 (Annex.A-2), as illegal and the same be struck down and set it aside to the extent of its illegality on the ground as stated in Para 5.4 of this O.A.
3. That, the Hon’ble Tribunal also be pleased to direct the Respondents to consider the application of Applicant and redesignate / transfer him to the post of Mason / Semi- Skilled or Pipe Fitter / Semi-Skilled immediately; if he passes the requisite Trade Test and grant all the consequential benefits as granted to other employees of NIE cadre whose applications were considered timely; and give the due seniority as per the rules.
4) That, the Hon’ble Tribunal may further be pleased to grant cost of the proceedings before the Hon’ble Tribunal on redesignation / transfer from the post of NIE to IE knowingly by the Respondent 3 and further incidentals thereto and such other benefits as deems fit and proper in the facts and circumstances of the case.”
2. Brief facts of the case are that the Respondent No.3 has issued Circular dated 28.03.2018 (Annex-A-3) inviting application on the subject of re-designation / Transfer from NIE (Non-Industrial Employee) to IE (Industrial Employee) from NIE having 5 years regular service as on 01.04.2018 prescribing eligibility criteria. It is the case of the applicant that he has submitted application dated 16.04.2018 to Respondent No.3 (Annex-A-4) for the post of Mason or (Pipe Fitter).
2.1. It is submitted that Respondent No.3 conducted the trade test during October, 2018 of the employees of other trades in IEs and declared their fitness to the post. The employees who were declared fit in the trade test for a specific trade in the cadre of IE, had already been redesignated/transferred to the post of relevant trade in the cadre of IEs during February, 2019. But, the respondent no.3 neither considered the application of the applicant nor conducted the trade test nor informed him of the reasons of not considering his application for redesignation / transfer from his present post in NIE Cadre to the post of Mason or Pipe Fitter in IE Grade within reasonable time period. Therefore, the and requested to redesignate / transfer him to the post of Mason or Pipe Fitter in IE grade.
2.2. To claim the aforesaid post, the applicant has submitted his service particulars vis-à-vis eligibility of the applicant to the post in IE cadre as under:-
(i) The applicant was initially appointed in the Hospital of Ordnance Factory Ambajhari, Nagpur on 01st August, 2001 as Masalchi (Cook- mate), a Group ‘D’ post; which was merged into M.T.S. (Multi Tasking Staff) as a Group ‘C’ post; consequent upon the recommendations of Sixth Central Pay Commission had been implemented by the Government w.e.f. 01.01.2006.
(ii) Prior to appointment in the Hospital in Ordnance Factory Ambajhari, Nagpur, the applicant had passe
