Karnataka High Court
All India Dgqa Engineers Association vs Union Of India on 8 February, 2018
Author: P.S.Dinesh Kumar
Bench: P.S.Dinesh Kumar
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WPs No.52823-52825/2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF FEBRUARY 2018
PRESENT
THE HON'BLE MR.H.G.RAMESH
ACTING CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR
WRIT PETITIONS NO.52823-52825/2017 (S-CAT)
BETWEEN:
1. ALL INDIA DGQA ENGINEERS ASSOCIATION
BANGALORE BRANCH, REPRESENTED BY
GENERAL SECRETARY, SHRI A.ASWATHNARAYAN
S/O SHRI A.KRISHNA RAO
AGED ABOUT 58 YEARS
WORKING AS ASSISTANT ENGINEER
QUALITY ASSURANCE (ELECTRONICS)
J.C.NAGAR POST, BANGALORE-560 006
2. SHRI SHEKHAR
S/O SHRI RAM LAL MISHRA
AGED ABOUT 33 YEARS
WORKING AS ASSISTANT ENGINEER
QUALITY ASSURANCE (ELECTRONICS)
J.C.NAGAR POST, BANGALORE-560 006
3. SHRI M.MURUGANANTHAM
S/O SHRI O.P.MOOKAIH
AGED ABOUT 51 YEARS
WORKING AS ASSISTANT ENGINEER
QUALITY ASSURANCE (VEHICLE)
J.C.NAGAR POST, BANGALORE-560 006 ...PETITIONERS
(BY SRI IZHAR AHMED, ADVOCATE)
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WPs No.52823-52825/2017
AND:
1. UNION OF INDIA
THROUGH THE SECRETARY
MINISTRY OF DEFENCE
DEPARTMENT OF DEFENCE PRODUCTION
ROOM NO.136, SOUTH BLOCK
NEW DELHI-110 001
2. DIRECTOR GENERAL
DIRECTORATE GENERAL OF QUALITY
ASSURANCE (DGQA), MINISTRY OF DEFENCE
DEPARTMENT OF QUALITY ASSURANCE (L)
G, WING, NIRMAN BHAWAN
NEW DELHI-110 011
3. CONTROLLER
CONTROLLERATE OF QUALITY ASSURANCE
(ELECTRONICS), MINISTRY OF DEFENCE (DGQA)
J.C.NAGAR POST, BANGALORE-560 006
4. THE SECRETARY
DEPARTMENT OF PERSONNEL & TRAINING
(DOP & T), NORTH BLOCK
NEW DELHI-110 001
5. THE REGISTRAR
CENTRAL ADMINISTRATIVE TRIBUNAL
2ND FLOOR, COMMERCIAL COMPLEX (BDA)
INDIRA NAGAR
BANGALORE-560 038 ...RESPONDENTS
(BY SMT ANUPAMA HEGDE, CGC FOR R1 TO R5)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR
THE RELEVANT RECORDS AND SET ASIDE THE IMPUGNED
ORDERS DTD.17.10.2017 IN O.A.322/2017 VIDE ANNEX-A AND
THE ORDER DTD.25.10.2017 IN RA.49/2017 VIDE ANNEX-B AS
ILLEGAL, WITHOUT ANY RULE AND WITHOUT CONSIDERING
ISSUE ON THE FACTS ON RECORDS AND IMPOSED THE COST
AGAINST RULE 111, CHAPTER-XVII OF CAT RULE OF PRACTICE-
1993 VIDE ANNEX-G AND ETC.
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WPs No.52823-52825/2017
THESE WRIT PETITIONS, HAVING BEEN HEARD AND
RESERVED FOR ORDERS ON 10.01.2018, COMING ON FOR
PRONOUNCEMENT OF ORDERS, THIS DAY,
P.S.DINESH KUMAR J., PRONOUNCED THE FOLLOWING:-
ORDER
1. These writ petitions are directed against order dated 17.10.2017, passed by the Central Administrative Tribunal, Bangalore Bench ('Tribunal' for short), in Original Application No.170/00322/2017 and also order dated 25.10.2017 passed by the Tribunal in R.A.No.170/00049/2017.
2. Heard Sri Izhar Ahmed, learned Counsel for the petitioners and Sri Kiran.R., learned Central Government Counsel for the respondents.
3. The first petitioner is an All India Association of Engineers working in Directorate General of Quality Assurance Engineers Association ('DGQA' for short). Petitioners No.2 and 3 are Assistant Engineers working with DGQA at Bangalore. All petitioners are aggrieved by the transfer policy.
4. The prayers in these writ petitions are as follows: -4-
WPs No.52823-52825/2017
i) to set aside the impugned orders passed by the Tribunal;
ii) direct the respondent-01 preparing the lists of sensitive posts of group-B (gazetted and non-gazetted) officials in each department of DGQA in terms of the letter dated 30.04.2009 (Annexure: A-26), letter dated 21.04.2017 (Annexure: A-15) and letter dated 19.05.2017 (Annexure: A-20) following the letter dated 20.06.2017 (Annexure: Re-38) in the interest of justice and equity.
5. These writ petitions were heard simultaneously with W.P.Nos.48428/2017. The specific prayer made by the petitioners extracted above is for a direction to the respondent-DGQA to prepare a list of 'sensitive' posts of Group 'B' officials in each department.
6. It is an admitted position before the Tribunal that the classification of 'sensitive' and 'non-sensitive' posts have already been made.
7. Thus, the petitioners, in principle, are challenging the transfer policy of DGQA. Admittedly, DGQA is an organisation under the Ministry of Defence. The classification of posts and deployment of its personnel -5- WPs No.52823-52825/2017 remains the prerogative of the organisations concerned and Courts cannot substitute their opinion.
8. In the circumstances, these writ petitions must fail and are accordingly dismissed. We make no order as to costs.
Petitions dismissed.
Sd/-
ACTING CHIEF JUSTICE Sd/-
JUDGE Yn.