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2025 Supreme(Online)(CAT) 9943
CENTRAL ADMINISTRATIVE TRIBUNAL
M. Swaminathan, J, Sangam Narain Srivastava, A
E. Jayakumar – Appellant
Versus
The General Manager, Engine Factory Avadi – Respondent
OA/310/00952/2019
For the Appellants/Petitioners: M/s.S.S.Swaminathan
For the Respondents: Ms.S.S.Meenakumary
A voluntary inter-factory transfer cannot result in a reduction in grade or seniority contrary to established guidelines.
Headnote:(A) Administrative Tribunals Act, 1985 - Inter-Factory Transfer - Guidelines on Promotion and Seniority - Applicant sought promotion after inter-factory transfer to avoid seniority loss - Respondent’s reliance on applicant’s undertaking and OFB directions found inappropriate as reversion to a lower grade upon transfer lacked basis and authority. (Paras 9, 10, 12)
(B) Legal Principles - The court asserted that settled seniority should not be disturbed where the delay in claiming rights is attributable to the authority, not the applicant. (Para 11)
Facts of the case:
The applicant, after an inter-factory transfer, requested to retain his previous skilled rank but was reverted to a semi-skilled grade. His grievance was that others were not subjected to the same reversion under similar conditions.
Findings of Court:
The Court determined that reversion during a voluntary transfer was not permissible under existing guidelines, thereby quashing the previous order and allowing his promotion back to Skilled grade with seniority.
Issues: Whether an undertaking could override established guidelines; if rank reduction on voluntary transfer was permissible; the applicability of retrospective directives; and whether settled seniority could be changed under represented circumstances.
Ratio Decidendi: The Court ruled the undertaking signed by the applicant void where it contravened the applicable rules, noting the error of treating employer directives as retrospectively transformative. The prior seniority must be restored in recognition of both the guidelines and the applicant’s timely representations.
Result: The impugned order is quashed, restoring the applicant's skilled status from December 21, 2016.
| Table of Content |
|---|
| 1. facts of inter-factory transfer representing grievances of rank reduction. (Para 2 , 3) |
| 2. arguments addressing the undertaking and reversion policy. (Para 4 , 5) |
| 3. court's observations on transfer regulations and guidelines. (Para 6 , 9 , 10) |
| 4. court's ratio emphasizing invalid undertakings against prevailing guidelines. (Para 11 , 12) |
| 5. final ruling restoring applicant's skilled status. (Para 13) |
ORDER
(Pronounced by Hon'ble Mr.Sangam Narain Srivastava, Member(A))
The applicant has filed the present OA under Section 19 of the Administrative Tribunals Act , 1985, seeking the following relief:
“To call for the records of the 2nd Respondent pertaining to the impugned order in No.EFA/IR/014 dated 13.03.2019 and quash the same and consequently promote the Applicant as Machinist Skilled from the date of Inter Factory Transfer ie. 21.12.2016 with all attendant benefits including financial benefits.”
2. The brief facts of the case as stated by the applicant are as follows:
The applicant is presently working as Turner Semi-Skilled at Avadi Engine Factory under the Respondents. He joined the respondent department as Turner Semi-Skilled at Ammunition Factory Khadki, Pune, vide appointment order dated 21.02.2012 and his services were confirmed, vide order dated 30.03.2014. He was given promotion as Turner Skilled w.e.f 21.02.2014, vide order dated 05.05.2014. While so, since the applicant's wife is working under the Tamil Nadu Government, he sought for inter factory transfer as per OM dated 30.09.2009 of the DOPT. The applicant was transferred to Engine Factory Avadi, Chennai, vide order dated 16.12.2016, reverting him from Skilled to the Semi- Skilled cadre, for which an undertaking was obtained by the respondents from the applicant. The applicant joined at Engine Factory Avadi as Machinist Semi-Skilled with junior most seniority in terms of OFB instructions dated 29.11.2006. The grievance of the applicant is similarly placed persons, (Smt. S. Megala) were transferred on Inter Factory Transfer to Chennai in the year 2015 without any reversion. Further, the OFB letter dated 14.09.2018 had directed all Ordnance & Ordnance Equipment Factories that no Industrial Employee should be reverted to lower than Skilled Grade while considering the case of Inter Factory Transfer on compassionate grounds in individual's own interest. Hence the applicant made representations dated 16.08.2018, 22.10.2018, 03.12.2018, 08.01.2019 and 13.03.2019 to consider his case and place him as Machinist Skilled from the date of joining at Engine Factory Avadi, i.e., on 21.12.2016. But the said request of the applicant was rejected by the 2nd respondent, vide order dated 13.03.2019. Being aggrieved, the applicant has approached this Tribunal, seeking the afore said relief.
3. After notice, the respondents have entered appearance through their counsel and filed their reply statement refuting all the averments made in the OA except those which are admitted on facts.
3.1 The respondents submitted that as per transfer policy of Ordnance Factory Board issued to all Ordnance Factories vide letter No.429/Policy/A/I dated 29.11.2006, under Para-2(a) it has been stipulated that, "The individual is also required to submit undertaking as to foregoing of seniority, etc., in case of transfer from one factory to another factory on compassionate grounds on individual's own interest, the seniority of the concerned individual in the existing grade shall reckon from the date he joins the new factory". There was no 'Turner' trade available in the Respondent Factory and other sister factories (Heavy Vehicle Factory and Ordnance Clothing Factory) in Avadi. Hence, the applicant could not be posted at any of the Factory in his existing trade. Whereas, the Respondent Factory had accepted the request of the Applicant on compassionate grounds by redesignating him in the Semi- Skilled grade in the trade of Machinist and also in view of the undertaking given by the applicant to be p
