CENTRAL ADMINISTRATIVE TRIBUNAL GUWAHATI BENCH [Reserved]

Original Application No. 040/20/2025 Reserved on: 30.01.2026 Date of Pronouncement: 17.02.2026 HON’BLE MR. SANJIV KUMAR, ADMINISTRATIVE MEMBER Between Smt. Renu Shaw, Senior Auditor/98347106, Aged about 41 years, W/o Amardip Shaw, O/o the Controller of Defence Accounts, Udayan Vihar, Narangi, Guwahati – 781171.

R/o Nagar, Choudhary Niwas, House No. 11, Satgaon, P.O. – Narangi, Pin -781171, Kamrup(M), Assam.

....Applicant -And-

1. The Union of India, Represented by Secretary to the Government of India, Ministry of Defence, South Block, New Delhi – 110001.

2. The Controller General of Defence Accounts, Ulan Batar Road, Palam, Delhi Cantt.-110010.

3. The Deputy Controller General of Defence Accounts(Admin), O/o Controller General of Defence Accounts, Ulan Batar Marg, Palam, Delhi Cantt. – 110010.

4. The Controller of Defence Accounts, AN -1A Section, Udayan Vihar, Narangi, Guwahati, Pin – 781171.

5. The Deputy Controller (Admin), O/o the Controller of Defence Accounts, Udayan Vihar, Narangi, Guwahati, Pin – 781171.

……. Respondents Advocate for applicant: Sri M. Chanda, Ms. S. Choudhury, Sri A. Choudhury Advocate for respondent(s): Sri A. Kundu, Addl. CGSC ORDER PER MR. SANJIV KUMAR, MEMBER (A):

By this O.A., applicant makes a prayer for setting aside the impugned transfer and posting Order dated 29.01.2025 (Annexure-A/1), wherein the applicant along with other employees was transferred from CDA Guwahati to PCDA (P), Prayagraj, Uttar Pradesh; to direct the respondents to reconsider her case for choice station posting at Kolkata in the light of the various OM and Judgments; and to allow the applicant to continue in the present place of posting till her case is reconsidered.

2. Facts of the case are that the applicant was initially appointed as ‘Auditor’ in the office of the Principal Controller of Defence Accounts (FYS), Kolkata in the year 2011. She was promoted as Sr. Auditor in the year 2014 and thereafter, he was transferred and posted from Kolkata to Guwahati, Assam in the North-Eastern Region in public interest vide letter dated 25.07.2022(Annexure-A/4) and accordingly, she had joined at Guwahati on 05.08.2022. According to the applicant as she has rendered more than 2 years of service in the North Eastern Region, she has acquired a valuable legal right for choice station posting in view of the statutory provision laid down by the Govt. of India vide OM dated 14.12.1983(Annexure-A/2). Pursuant to the letter of the CGDA dated 06.05.2024(Annexure-A/5), applicant had submitted her representation for choice station posting at Kolkata on 01.10.2024(Annexure-A/8) on repatriation and same was forwarded vide letter dated 01.10.2024. However, without considering the option for choice station posting at Kolkata, the respondent authorities vide order dated 29.01.2025, transferred the applicant from CDA, Guwahati to Prayagraj, Uttar Pradesh, which is issued in violation of the statutory provision laid down in OM dated 14.12.1983 issued by the Govt. of India, Ministry of Finance, New Delhi.

3. As per the applicant, she is a permanent resident of Kolkata, West Bengal and her husband is carrying out private business at Kolkata. She has a 7 months old daughter at the time of issuing the said impugned transfer, who is suffering from Down Syndrome, which needs constant care and undergoing regular treatment. Applicant brought to the notice of this Court directions and order dated 31.05.2023 passed in O.A. No. 257/2021 [Shri Utsab Deb Vs. Union of India](Annexure-A/12), wherein this Tribunal stayed and quashed the impugned transfer order therein taking into account the merits of the case and in view of the DoPT’s OM and Govt. of India orders/directions therein, which was subsequently affirmed by the Hon’ble Gauhati High Court vide Order dated 21.05.2024(Annexure-A/13). The impugned Order dated 29.01.2025 was stayed by passing Interim Order in the present O.A. on 31.01.2025.

4. The respondents have f