Central Administrative Tribunal - Kolkata
Sanjib Kumar Halder vs Employees Provident Fund Organisation on 2 July, 2019
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CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH O.A/350/770/2018 Date of Order: 02.07.2019 Coram: Hon'ble Ms. Bidisha Banerjee, Judicial Member Hon'ble Dr. (Ms.) Nandita Chatterjee, Administrative Member Sanjib Kumar Haider, son of Gobinda Pada Haider, 7/1/5, Circular Road 4th Bye Lane, Post Office and Police station - Shibpur, District - Howrah, Pin Code 711102, working as Data Processing Assistant (group B Non-gazette staff) under Employees' Provident Fund Organisation, Ministry of Labour and Employment, Government of India.
--Applicant.
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1. The Union of India, service through its Secretary^ Ministry of Labour and Employment, Government of India,''iJBhavishya-'Nidhi Bhawan, 14 Bhikaji Cama-^Place, New/Delhi - 1 fOObS.
2. The Employe.es' Provident Fund'Organization, (Ministry of Labour, .and'Employment,-''' Government of India), service through .Regional Provident Fund Commissibher, Bhavishya. Nidhi Bhawan, 14 Bhikaji Cama Place, New Delhi - 110066.
3. The Regional Provident Fund Commissioner - I (HRM), Employees' Provident Fund Organization, (Ministry of Labour and Employment, Government of India), Bhavishya Nidhi Bhawan, 14 Bhikaji Cama Place, New Delhi - 110066. '
4. The Central Provident Fund Commissioner, Employees' Provident Fund Organization, (Ministry of Labour and Employment, Government of India), Bhavishya Nidhi Bhawan, 14 Bhikaji Cama Place, New Delhi - 110066.
5. The Additional Central Provident Fund Commissioner, Zonal Office Kolkata, Employees' Provident Fund Organization, West Bengal, Andaman & Nicobar Islands and Sikkim, DK Block, Sector II, Salt Lake City, Kolkata 700091.
6. The Regional Provident Fund Commissioner
-I, Employees' Provident Fund Organization, Regional Office, Barrackpore, 4(2), S. N. Banerjee Road, Barrackpore, Kolkata - 700120.
--Respondents •i**. .
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1.j *,S ' •/o 2 For The Applicant(s): Ms. M. Mitra, counsel / Mr. S. Jana, counsel y For The Respondent(s): Mr. K. Sarkar, counsel '/ & ORDER fOral) ff 1 Per: Ms. Bidisha Baneriee. Member (Jl:
Heard Id. counsel for both the parties.
2. The applicant has claimed that he is identically circumstanced to one Amit Sengupta, the applicant in O.A 706/2018, who had sought for similar prayer for transfer back to West Bengal Region. The said O.A was disposed of with following orders:
"Heard Id. counsel for both sides.
2. It seems that in terms of the policy of the respondents dated 25th September 2008, as furnished by Id. counsel for the applicant, every employee of the organisation carrying a scale of pay of a group B (Non Gazetted) post under the Central 'Governmentyand^ group C- employees is liable to serve anywhere in the .respective fregipiis Un which, they -are appointed. This implies that every person should ?be trahsferred.ybutAwithin\.theif; respective regions of appointment, whereas the, applicantJhas been transferred to North Eastern Region from West Bengal'Region. . . . .7.
3. However, respondents have adequately intimated: inftheir speaking order that such posting was urgently ,• required ./.i:n view of" the exigency of public interest and for administrative reason-,j'cdhsequent, upon expiry of contract with UTT1SL for posting of DPA's in 13 newly created/upgraded Regional Offices.
4. However, we notice that the applicant has been given liberty to make a prayer upon joining the post of transfer.
5. Ld. counsel for the applicant submits at the bar that the applicant is ready to move out of Kolkata to any place within the West Bengal Region which also covers A&N Island.
6. Accordingly, liberty is given to the applicant to submit a representation seeking transfer back to West Bengal Region, to any appropriate place where the respondents can accommodate him suitably, subject to availability of vacancies.
7. In the event such representation is preferred, the same shall be disposed of by the respondent authority within a period of 4 weeks from the date of receipt of such representation with a reasoned and speaking order.
8. The O.A accordingly stands disposed of. No costs."
3. Since the fact that the applicant stands on the same footing as Amit Sengupta, the applicant in O.A 706/2018, whieh has not been denied by either .
i of the parties, the present O.A is disposed of with liberty to the applicant to / 3 r submit a representation seeking transfer back to West Bengal Region, to any appropriate place where the respondents can accommodate him suitably, subject to availability of vacancies.
7. In the event such representation is preferred, the same shall be disposed of by the respondent authority within a period of 4 weeks from the date of receipt of such representation with a reasoned and speaking order.
8. . The O.A accordingly stands disposed of. . No costs.
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(Nandita Chatterjee) (Bidisha Banerjee)
Member (A) Member (J)
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