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2025 Supreme(Online)(CAT) 9591
CENTRAL ADMINISTRATIVE TRIBUNAL
M.L. Srivastava, Administrative Member
MES-281866, Rajesh Kumar (AAO) – Appellant
Versus
The Union of India – Respondent
Original Application No. 040/211/2024 with M.A. No. 154/2024
For the Appellants/Petitioners: Sri M. Chanda, Smt. U. Dutta
For the Respondents: Sri A. Chakraborty
The court affirmed the right to choice postings for employees after completing mandated tenures, underscoring the need for adherence to government policies in such determinations.
Headnote:(A) Government of India O.M. 14.12.1983, 22.07.1998 - Choice station posting - Applicant challenging rejection of choice posting & tenure turnover posting regarding hard stations in North East - Guidelines for Group B & C postings discussed - Eligibility for preference in choice posting acknowledged based on tenures served. (Paras 2-6)
(B) Administrative Law - Respondents’ contentions of policy application in re-employment at hard stations countered by applicant’s legal rights under established order for choice posting - Court affirms entitlement based on previous service durations and notices contradictions in application of policies. (Paras 3-5)
Facts of the case:
The applicant challenged rejection for choice posting citing entitlement based on government notifications applicable to long-tenured employees in hard stations, noting the absence of proper justification by respondents in their communication.
Findings of Court:
The Court found in favor of the applicant noting that under relevant government orders the applicant should be considered for choice posting according to their guidelines despite respondents' claims.
Issues: The primary issue concerned applicant's eligibility for choice posting against contradictory application of government policies regarding tenure at hard stations.
Ratio Decidendi: The Court ruled that failure by respondents to consider the applicant's claim for choice posting was in contravention of established government orders, thus directing necessary accommodations within stipulated timeframe.
Result: O.A. is disposed of directing respondents to accommodate the applicant.
| Table of Content |
|---|
| 1. legal arguments regarding posting policies and applicants' rights. (Para 3) |
| 2. court's observations on government orders and eligibility conditions. (Para 4 , 5) |
| 3. court's decision directing the accommodation of the applicant. (Para 6) |
| 4. final disposition of the application without costs. (Para 7) |
ORDER
Per: Mr. M.L. Srivastava, Administrative Member:
The instant application has been made against impugned Rejection Letter bearing No. 131322/2/7B/48/Engrs/E1C(1) dated 14.08.2024, whereby the claim of the applicant for consideration for choice station posting/tenure turnover posting with cut off date August 2024 has been issued. The following reliefs have been asked for by the applicant:
“8.1. Impugned letter dated 14.08.2024 (Annexure A1) be set aside and quashed.
8.1(a) That the Hon'ble Tribunal be pleased to set aside and quash the impugned rejection order dated 02.12.2024 [Annexure- A1(A)] as well as communication letter dated 09.12.2024, with a further direction upon the respondents to consider the case of the applicant for choice posting in the existing available vacancy of Assistant Administrative Officer in the office of the GE Sevoke, Sliguri in the state of West Bengal strictly in the light of the Govt. of India OM dated 14.12.1983 issued by the Govt. of India Ministry of Finance, Department of Expenditure, New Delhi without any further delay.
8.2 The Hon'ble Tribunal be pleased to direct the respondents to consider the case of the applicant for choice station posting/tenure turn over posting cut off August 2024 with a further direction upon the respondents to include/incorporate the name of the present applicant in the ensuing tenure turn over posting (cut off August 2024)/choice station posting also with a further direction upon the respondents to issue transfer and posting order in any one of the 5 choice stations submitted by the applicant through his subsequent representation dated 30.08.2024 wherein applicant had submitted 5 choice station namely (i) Bagdogra (under HQ CE (A/F) Shillong Zone (ii) Sevoke, Sukna & Bengdubi (under HQ CE Siliguri Zone) (iii) AGE (I) Darjeeling (iv) GE Kalimpong & (v) Binnaguri Complex with immediate effect.
8.3 Any other relief or reliefs as the Hon'ble Tribunal may deem fit and proper, including the cost of the case.”
Learned counsel for the applicant has brought to the notice of this Court that the impugned Rejection Letter dated 02.12.2024 has been issued without assigning any valid reasons and is in contravention to the provision laid down in Government of India’s O.M. dated 14.12.1983 read with O.M. dated 22.07.1998, wherein it is specifically provided that Civilian Central Government Employees are legally entitled to choice station posting on completion of two years fixed tenure(officers for 10 years seniority or more) in any of the hard station in North East(NE) Region. He further mentioned that the respondents have taken recourse of their stated policy considering ‘Rangia’ as hard station and thus, he has to serve for three years for consideration of tenure posting. However, he mentioned that nowhere in the pleadings, this rule position is seen. He further brought to the notice of this Court, the guidelines for management of Group – ‘B’ and ‘C’ employees of MES dated 28.4.2022, wherein under the heading ‘Modalities of various types of Postings’, it has been stated that –
“(vi) the normal period of tenure at a tenure station/complex notified by Govt. of India and hard stations/complexes designated by E-in-C’s Branch/CE Comman will be 33 months physical stay for indl with service 10 years or less and 22 months for those with service more than 10 years and for HAA 22 months irrespective of length of service. Date of posting should be the reference date for deciding less than 10 years of service or otherwise.”
He further stated that these guidelines superseded all previous directions of this HQ related to posting/transfer of Subordinate staff. Thus even by their own guide
