Central Administrative Tribunal - Ernakulam
P.Premalatha vs The Chief Postmaster General on 15 February, 2013
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
O.A. NO. 28 OF 2013
Friday, this the 15th day of February, 2013
CORAM:
HON'BLE Mr.JUSTICE P.R.RAMAN, JUDICIAL MEMBER
HON'BLE Mr. K.GEORGE JOSEPH, ADMINISTRATIVE MEMBER
P.Premalatha
Postal Assistant
Perumbavur Post Office
Ernakulam District
Residing at Latha Nivas
Manikkamangalam, Kalady - 683 574 ... Applicant
(By Advocate Mr. TCG Swamy )
versus
1. The Chief Postmaster General
Kerala Circle
Thiruvananthapuram
2. The Postmaster General
Department of Posts, Central Region
Ernakulam - 682 018
3. The Senior Superintendent of Post Offices
Aluva Postal Division, Aluva ... Respondents
(By Advocate Mr.Sunil Jacob Jose, SCGSC )
The application having been heard on 15.02.2013, the Tribunal
on the same day delivered the following:
O R D E R
HON'BLE Mr.JUSTICE P.R.RAMAN, JUDICIAL MEMBER The applicant is a Postal Assistant at Perumbavur Post Office. She is aggrieved by the non feasance on the part of 3rd respondent to issue a 'No Objection Certificate' for applying for Passport / Visa for proceeding abroad to visit her daughter. The applicant's daughter is presently employed in Sultanate of Oman and she is in her family way. She badly requires the applicant's assistance at this stage at her place of residence as she wants to join her daughter in connection with the daughter's delivery. The applicant on 29.11.2012 applied for a No Objection Certificate which is required for issuing a Passport. Though such an application was filed before the authority , they have neither refused nor granted any No Objection Certificate. Since the matter itself if likely to become infructuous in case the consideration of the matter is delayed, we posted this case twice for getting instructions. Mr.Sunil Jacob Jose, the learned counsel appearing for respondents submitted that as per Government of India instructions one of the factors to be considered before issuing a 'No Objection Certificate' is whether there is pendency of any disciplinary proceedings against the incumbent or contemplated. According to him, disciplinary action is pending against the applicant. He also submitted that the issuance of a Passport is not a service dispute coming within the jurisdiction on this Tribunal. We have considered the rival submissions and heard the respective counsel appearing on either side.
2. Admittedly, a 'No Objection Certificate' has to be issued by the employer. It is the case of the respondents that pendency of any disciplinary proceeding can be taken as a ground for non issuance of a 'No Objection Certificate'. If that be so, necessarily it is a service dispute and therefore we do not think the preliminary objection has got any substance. There may be some Government instructions, say pendency of a disciplinary action is a ground to be looked into while granting a 'No Objection Certificate' but nowhere it is stated that pendency of disciplinary proceedings is a bar to issue a 'No Objection Certificate'. After all, unless the employer has got a case that the employee is likely to retire from service in the meantime or there is no likelihood of the employee returning from abroad, the employee normally will be entitled to get a No Objection Certificate. Admittedly, there is no case for the respondents that the employee is about to retire from service or that there is any reason to doubt whether the employee will return after the leave. In the circumstances, we are of the opinion that freedom of movement of a citizen guaranteed under the Constitution of India itself is a Fundamental right which cannot be impaired by arbitrary refusal to give a 'No Objection Certificate'. The facts and circumstances of the case clearly show that there is no criminal case pending against the applicant so as to compel her presence within the country. She is not attempting to drag on the disciplinary proceedings intentionally under one guise or other. It is only natural that the mother wants to join her daughter to assist her during her delivery time. We think that in the circumstances the refusal to give 'No Objection Certificate' is arbitrary and violative of Article 14 of the Constitution of India. We direct the 3rd respondent to issue a 'No Objection Certificate'. However, it is open to attach any condition like executing a bond, to ensure her return after the due date. The No Objection Certificate should be issued within ten days from the date of receipt of a copy of this order.
3. OA is disposed of as above. No costs.
Dated, the 15th February, 2013.
K GEORGE JOSEPH JUSTICE P.R.RAMAN ADMINISTRATIVE MEMBER JUDICIAL MEMBER vs