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CENTRAL ADMINISTRATIVE TRIBUNAL GUWAHATI BENCH [Reserved]
Original Application No. 042/53/2020 Reserved on: 19.01.2026 Date of Pronouncement: 30.01.2026 HON’BLE MR. SANJIV KUMAR, ADMINISTRATIVE MEMBER Between
1. Shailesh Kumar Mehta, S/o Shankar Prasad Mehta, Presently working as Data Entry Operator Grade-A, O/o the Principal Accountant General(A&E), Manipur, Imphal, P.O. – Imphal, Pin – 795001.
2. Avinash Kumar, S/o Suresh Prasad, Presently working as Data Entry Operator Grade –A, O/o the Principal Accountant General(A&E), Manipur, Imphal, P.O.-Imphal, Pin – 795001.
3. Chandan Kumar, S/o Mahesh Prasad Singh, Presently working as Data Entry Operator Grade –B, O/o the Principal Accountant General(A&E), Manipur, Imphal P.O- Imphal, PIN-795001.
4. Rohit S/o Ramniwas Presently working as Data Entry Operator Grade - A O/o the Principal Accountant General (A&E)
Manipur -Imphal Pin-795001.
55. Pawan Prasad S/o Ashok Kumar Rajak Presently working as Data Entry Operator Grade - A O/o the Principal Accountant General (A&E)
Manipur-Imphal Pin – 795001.
66. Abhinav Chandra S/o Ram ShankerJha Presently working as Data Entry Operator Grade-A, O/o the Principal Accountant General (Audit), Manipur, Imphal P.O.- Imphal, PIN-795001.
77. Santosh Kumar S/o Bhupendra Prasad Srivastava Presently working as Data Entry Operator Grade-B, O/o the Principal Accountant General (Audit), Manipur, Imphal P.O- Imphal, PIN-795001
88. Manoj Kumar Sudhanshu S/o Laxmi Prasad Yadav Presently working as Data Entry Operator Grade-A, O/o the Principal Accountant General (Audit), Manipur, Imphal P.O- Imphal, PIN-795001.
99. Sanjeev Kumar S/o Bhoopal Singh Presently working as Stenographer Grade - II, O/o the Principal Accountant General (Audit), Manipur, Imphal P.O- Imphal, PIN-795001 10. Sachin S/o Suresh Presently working as Data Entry Operator Grade - A O/o the Principal Accountant General (Audit)
Manipur - Imphal Pin – 795001.
1111. NingombamShasikanta Singh S/o NingombamDevendro Singh Presently working as Sr. Auditor, O/o the Principal Accountant General (Audit)
Manipur - Imphal Pin-795001
1212. Abdul ShahidKhuleibam S/o A. SattarKhuleibam Presently working as Sr. Auditor, O/o the Principal Accountant General (Audit)
Manipur - Imphal Pin-795001.
1313. Pankaj Kumar Pathak S/o Ashok Kumar Pathak Presently working as Assistant Accounts Officer O/o the Principal Accountant General Arunachal Pradesh - Itanagar Pin-791111.
1414. Suresh Kumar Sahu S/o Kishore Chandra Sahu Presently working as Assistant Audit Officer O/o the Principal Accountant General Arunachal Pradesh - Itanagar Pin-791111.
-Versus-
1. Union of India, Represented by the Comptroller & Auditor General of India
9, DeenDayalUpadhyaya Marg, New Delhi-110124
2. Asst. Comptroller and Auditor General (N)
Office of the Comptroller and auditor General of India
9, DeenDayalUpadhyaya Marg, New Delhi-110124
3. Principal Accountant General (A&E)
Babupara, P.S. - Imphal West Imphal West District, Manipur, Imphal - 795001
4. Principal Accountant General (Audit)
Babupara, P.S. Imphal West Imphal West District, Manipur, Imphal - 795001
5. Principal Accountant General JNK Building, 'E' Sector, NH - 52-A Arunachal Pradesh - Itanagar Pin-791111.
……. Respondents Advocate for applicant: Sri M. Chanda, Smt. U. Dutta Advocate for respondent(s): Sri V.K. Bhatra, Sr. CGSC
CENTRAL ADMINISTRATIVE TRIBUNAL GUWAHATI BENCH [Reserved]
Original Application No. 042/53/2020 Reserved on: 19.01.2026 Date of Pronouncement: 30.01.2026 HON’BLE MR. SANJIV KUMAR, ADMINISTRATIVE MEMBER Between
1. Shailesh Kumar Mehta, S/o Shankar Prasad Mehta, Presently working as Data Entry Operator Grade-A, O/o the Principal Accountant General(A&E), Manipur, Imphal, P.O. – Imphal, Pin – 795001.
2. Avinash Kumar, S/o Suresh Prasad, Presently working as Data Entry Operator Grade –A, O/o the Principal Accountant General(A&E), Manipur, Imphal, P.O.-Imphal, Pin – 795001.
3. Chandan Kumar, S/o Mahesh Prasad Singh, Presently working as Data Entry Operator Grade –B, O/o the Principal Accountant General(A&E), Manipur, Imphal P.O- Imphal, PIN-795001.
4. Rohit S/o Ramniwas Presently working as Data Entry Operator Grade - A O/o the Principal Accountant General (A&E)
Manipur -Imphal Pin-795001.
55. Pawan Prasad S/o Ashok Kumar Rajak Presently working as Data Entry Operator Grade - A O/o the Principal Accountant General (A&E)
Manipur-Imphal Pin – 795001.
66. Abhinav Chandra S/o Ram ShankerJha Presently working as Data Entry Operator Grade-A, O/o the Principal Accountant General (Audit), Manipur, Imphal P.O.- Imphal, PIN-795001.
77. Santosh Kumar S/o Bhupendra Prasad Srivastava Presently working as Data Entry Operator Grade-B, O/o the Principal Accountant General (Audit), Manipur, Imphal P.O- Imphal, PIN-795001
88. Manoj Kumar Sudhanshu S/o Laxmi Prasad Yadav Presently working as Data Entry Operator Grade-A, O/o the Principal Accountant General (Audit), Manipur, Imphal P.O- Imphal, PIN-795001.
99. Sanjeev Kumar S/o Bhoopal Singh Presently working as Stenographer Grade - II, O/o the Principal Accountant General (Audit), Manipur, Imphal P.O- Imphal, PIN-795001 10. Sachin S/o Suresh Presently working as Data Entry Operator Grade - A O/o the Principal Accountant General (Audit)
Manipur - Imphal Pin – 795001.
1111. NingombamShasikanta Singh S/o NingombamDevendro Singh Presently working as Sr. Auditor, O/o the Principal Accountant General (Audit)
Manipur - Imphal Pin-795001
1212. Abdul ShahidKhuleibam S/o A. SattarKhuleibam Presently working as Sr. Auditor, O/o the Principal Accountant General (Audit)
Manipur - Imphal Pin-795001.
1313. Pankaj Kumar Pathak S/o Ashok Kumar Pathak Presently working as Assistant Accounts Officer O/o the Principal Accountant General Arunachal Pradesh - Itanagar Pin-791111.
1414. Suresh Kumar Sahu S/o Kishore Chandra Sahu Presently working as Assistant Audit Officer O/o the Principal Accountant General Arunachal Pradesh - Itanagar Pin-791111.
-Versus-
1. Union of India, Represented by the Comptroller & Auditor General of India
9, DeenDayalUpadhyaya Marg, New Delhi-110124
2. Asst. Comptroller and Auditor General (N)
Office of the Comptroller and auditor General of India
9, DeenDayalUpadhyaya Marg, New Delhi-110124
3. Principal Accountant General (A&E)
Babupara, P.S. - Imphal West Imphal West District, Manipur, Imphal - 795001
4. Principal Accountant General (Audit)
Babupara, P.S. Imphal West Imphal West District, Manipur, Imphal - 795001
5. Principal Accountant General JNK Building, 'E' Sector, NH - 52-A Arunachal Pradesh - Itanagar Pin-791111.
……. Respondents Advocate for applicant: Sri M. Chanda, Smt. U. Dutta Advocate for respondent(s): Sri V.K. Bhatra, Sr. CGSC
ORDER
PER MR. SANJIV KUMAR, MEMBER (A):
1.The applicants are presently serving as Data Entry Operator Grade - A, Data Entry Operator Grade B, Sr. Auditor, Stenographer Grade II, Assistant Accounts Officer as well as Assistant Audit Officer in the establishment of the Principal Accountant General (A&E) and Principal Accountant General (Audit), Manipur, Imphal and in the establishment of the Principal Accountant General, Arunachal Pradesh,Itanagar. All the applicants had joined on different dates in their respective cadres after being declared successful in the relevant competitive examination conducted by Staff Selection Commission.Most of the applicants are permanent residents of different states, outside North Eastern Region, however, some of the applicants are residents of North-Eastern Region.
This application is made against the impugned Letter dated 18.12.2019(Annexure-A/1), whereby the representations made by the applicants for consideration of one time transfer opportunity in offices located in their home states or nearby their home states/Choice station,have been rejected and this application is also made against the impugned consequential letter dated 06.01.2020(Annexure-A/2),with a prayer for a direction upon the respondents for extension of benefit of rotational transfer/choice station posting on completion of fixed tenure in North-Eastern Region in the light of Govt. of India’s, Ministry of Finance- O.Ms dated 14.12.1983(Annexure-A/4), 22.07.1998. The Office of the Comptroller and Auditor General of India(CAG), New Delhi, vide Letter dated 26.11.2019 has extended benefit of choice station posting/rotational posting to the similarly situated employees working in the Rajbhasha Cadre in the event of their posting in the Offices of the Principal Accountant General, North Eastern Region.
2. The applicants have stated that the Office of the Comptroller & Auditor General of India(CAG), New Delhi vide O.M. dated 08.01.2014 provided the benefit of tenure posting in North East region to Grade –‘A’ officers only and the same has been denied to the present applicants in a most arbitrary and illegal manner without having any valid reason. It is specifically stated that all the present applicants are saddled with all India transfer liability as per terms and conditions laid down in the Offer of Appointment letters of the individual applicants. It is further stated that no restriction is made in the matter of extension of benefit of choice station posting in terms of Govt. of India’s O.M.s dated 14.12.1983, 29.08.2008, 02.04.2013, 24.04.2014 in respect of Civilian Central Govt. employees, who are saddled with all India transfer liability either in the cadre of Group - 'A', 'B' or 'C'. In view of the provision laid down in the O.M. dated 14.12.1983 giving incentives for serving in remote areas as well as in the other subsequent Office Memorandums, the present applicants have acquired legal rights for choice station posting on completion of the fixed tenure. Such discrimination in the matter of transfer and postings, more so in rotational transfer, compassionate transfer and postings on spouse ground and denial of which amounts to violation of article 14 and 16 of the Constitution.
3. But surprisingly, similar benefit of choice station posting has been denied to the present applicants who are also similarly situated like those incumbents working in the Rajbhasha Cadre and the applicants are treated with hostile discrimination which cannot be sustained in the eye of law and are in violation of principle laid down in article 14 of the Constitution. As such, Hon'ble Tribunal may be pleased to pass necessary direction upon the respondents for extension of benefits of rotational transfer/choice station posting/spouse posting/posting on compassionate ground as extended to the incumbent working in the Rajbhasha Cadre in the light of the Circular/Letter dated 26.11.2019 with immediate effect.
4. That it is stated that the applicants namely Shri
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