CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH KOLKATA O.A. 350/533/2023 Date of Hearing : 23.04.2025 Date of Order : 14.05.2025 Coram : Hon’ble Mr. Anindo Majumdar, Administrative Member SHRI MINTU PAL, son of Late Satya P. Pal, aged about 47 years, residing at 3B, Lal Bahadur Shastri 1st Lane, P.O. Haltu, P.S. Garfa, Kolkata- 700078 and working as Assistant Engineer (Quality Assurance) in Senior Quality Assurance Establishment (Armts) Cossipore, Kolkata-700002 under the DGQA, Ministry of Defence (DGQA), Department of Defence Production, New Delhi New-110011, Mobile No. 995872401, Email ID mintup@yahoo.com.

……. Applicant -versus

1. UNION OF INDIA service through the Secretary, Ministry of Defence, Department of Defence Production, Room No. New Delhi, 136, South Block, Nirman Bhawan, New Delhi-110011.

2. THE DIRECTOR GENERAL, Directorate General Assurance of Quality (DGOA) Organisation, Government of India, Ministry of Defence, Room No. 308-A, D-Wing, Sena Bhawan, Nirman Bhawan, New Delhi-110011;

3. THE ADDITIONAL DIRECTOR GENERAL, DIRECTOR GENERAL OF QUALITY ASSURANCE (ARMTS), Government of India, Ministry of Defence (DGQA), Department Defence Directorate of Production, of Quality Assurance (Armts), 104, Н-Block, Nirman Bhawan, DHQ, New Delhi-110011.

4. THE QUALITY SENIOR ASSURANCE OFFICER, Assurance (Armts), Senior Quality Establishment SQAE(A), Cossipore, Kolkata-700002.

5. THE CONTROLLER, Controllerate of Quality Assurance (Weapons), Jabalpur-482011, Madhya Pradesh.

…… Respondents For the Applicant(s) : Mr. P.C. Das (Counsel)

Ms. T. Maity (Counsel)

For the Respondents : Mr. S. Chakraborty (Counsel)

O R D E R

1. This matter is taken up by the Single Bench for disposal in view of the revised list dated 10.09.2021 issued under Sub section (6) of Section 5 of the Administrative Tribunal Act, 1985 and since no complicated question of law is involved.

2. The applicant has filed this original application seeking the following relief(s) :

“a) To quash and/or set aside the impugned office order of transfer being No. S/1265 /RTP /2023/Armts/DGQA/Arm-1 dated 13th April, 2023 issued by the respondent authority in respect of the applicant only wherein the name of the applicant appeared at Serial No. 37 and whereby your applicant has been transferred from SQAE (A), Cossipore to SQAE (A), Trichy, Tamil Nadu being. Annexure A-8 of this original application which is utter violation of the mandatory office memo dated 30.09.2009 issued by the DOP&T and subsequent office memo dated 24.11.2022 of the DOP&T and it is also utter violation of their own Transfer Policy dated 24.11.2016 and also violation of the latest judgment passed by the Hon'ble Apex Court in the case of Sk Nausad Rahaman & Ors. vs. Union of India & Ors. (C.A. No. 1243/2022) dated

10.03.2022;

b) To declare the impugned office order of transfer being No. S/1265 /RTP /2023/Armts/DGQA/Arm-1 dated 13th April, 2023 issued by the respondent authority against the applicant wherein the name of the applicant appeared at Serial No. 37 and whereby your applicant has been transferred from SQAE (A), Cossipore to SQAE (A), Trichy, Tamil Nadu being Annexure A-8 of this original application is otherwise bad in law and illegal on the ground that such transfer order has been made by violation of the decision of the Hon'ble Supreme Court in the case of TSR Subramanian & Ors. -vs-Union of India & Ors. reported in 2013(15) SCC, Page 732 and it has been also issued by utter violation of latest judgment passed by the Hon'ble Apex Court in the case of Sk Nausad Rahaman & Ors. vs. Union of India & Ors. (C.A. No. 1243/2022) dated 10.03.2022 and also by violation of the mandatory office memo dated 30.09.2009 issued by the DOP&T and subsequent office memo dated 24.11.2022 of the DOP&T and it is also utter violation of their own Transfer Policy dated 24.11.2016 under paragraph 8(c) wherein it is clearly stated that request for posting of husband and wife at the same station will be considered as per the instructions/guid