Central Administrative Tribunal - Allahabad
Smt Veena Nigam vs M/O Defence on 26 November, 2025
1
(Open Court)
Central Administrative Tribunal
Allahabad Bench, Allahabad
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Original Application No.956 of 2017
This the 26th Day of November, 2025.
Hon'ble Mr. Rajnish Kumar Rai, Member (J)
1. Smt Veena Nigam JTO (S) W/o Late Shri Ajay Nigam, 18/137
A. Kursawan Kanpur-208001 CQA (GS) DGQA Complex
Ashok Path Kanpur.
2. Smt Neelima Dhawan JTO (S), D/o Late Shri JNS Kapoor,
163/5, Babupurwa Colony, Kidwai Nagar, Kanpur-208011,
CQA (GS) DGQA Complex Ashok Path Kanpur.
3. Smt. Pushpa Rani JTO (S) D/o Shri Sita Ram M-50/1, Keshav
puram, Awas Vikas-1, Kalyanpur Kanpur-208019, CQA (GS)
DGQA Complex Ashok Path Kanpur.
4. Shri V S Pant JTO (S), S/o Shri Chandra Shekhar LIG-10,
Phase-2 KDA Colony, Rampuram Scheme-39, COD, Kanpur-
208013 CQA (GS) DGQA Complex Ashok Path Kanpur.
5. Shri V K Sharma JTO (S), S/o Late Shri Chhotey Lal Sharma,
399/1 Faithful Gang, Kanpur-208004, CQA (GS) DGQA
Complex Ashok Path Kanpur.
6. Smt. Neerja Bhadauria JTO (S), D/o Late Shri R.S. Sengar,
235, Lakhanpur Housing Society, Vikas Naga Kanpur-
208024CQA (T & C) DGQA Complex Ashok Path Kanpur.
7. Shri Ram Autar JTO (S), S/o Late Shri Ram Khiladi 58/3, JCO,
Raksha Vihar Colony, Shyam Nagar, Kanpur- 208013, CQA
(T & C) DGQA Complex Ashok Path Kanpur.
8. Smt. Prem Lata Diwakar JTO (S), D/o Shri Mannu Lal, 397, C-
Block, Shyam Nagar, Kanpur-208013, CQA (T& C) DGQA
Complex Ashok Path Kanpur.
9. Shri Lalit Kishore Jeph JTO (S), S/o Shri Ramesvar Prasad, 64
Triveni Nagar, Cantt. Kanpur-208004, CQA (T & C) DGQA
Complex Ashok Path Kanpur.
SHAKUNTALA VERMA
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10. Shri Shailesh Chaudhary JTO (S), S/o Shri K K Chaudhary,
127/88 (c), Block-S, Shakti Nagar, Juhi-208014, CQA (T & C)
DGQA Complex Ashok Path Kanpur.
11. Smt Savitri Kureel JTO (S), D/o Shri Mannu Lal, 50, MIG, KDA
Colony, Daheli Sujanpur, Kanpur-208013, CQA (T&C)
DGQA Complex Ashok Path Kanpur.
12. Shri Sanjay Saxena JTO (S), S/o Late Shri P P Saxena, 125/67
(b) K-Block, Govind Nagar, Kanpur C QA (T&C) DGQA
Complex Ashok Path Kanpur.
13. Shri R K Pathak JTO (S), S/o Late Shri Shalig Ram Pathak, R-
54, Yashoda nagar, Kanpur-208011.
14. Shri R S Shukla JTO (S), S/o Shri Jagdish Prasad Shukla,
125/63, L-Block, Space Apartment, Flat No. 201 2nd Floor,
Govind Nagar, Kanpur-208006, CQA (Material) DGQA
Complex Ashok Path Kanpur.
15. Shri A K Sharma JTO (S), S/o Late Shri R L Sharma, 12, New
LIG. Barra-3, Kanpur-208027 CQA (Material) DGQA
Complex Ashok Path Kanpur.
16. Shri Ram Naresh JTO (S), S/o Late Shri Raghunath Singh,
25W-2, Juhi Kala, Damodar nagar, Kanpur CQA (Material)
DGQA Complex Ashok Path Kanpur.
17. Smt Madhoo Maloo JTO (S), D/o Shri D D Joshi, 2/259B,
Nawab Ganj, Kanpur-208002, CQA (Material) DGQA
Complex Ashok Path Kanpur.
18. Smt Madhulika Sinha JTO (S), W/o Shri Sujeet Sinha, 106,
Anandpuri, Near Transport Nagar Kanpur-208023 CQA
(Material) DGQA Complex Ashok Path Kanpur.
19. Smt Pushpa Kanaujiya JTO (S), D/o late Shri Moti Lal, 153-1,
Kazi Khera, Shiv Katra, Lal Bangla, Harjinder Nagar Kanpur-
208007, CQA (Material) DGQA Complex Ashok Path
Kanpur.
20. Shri Kishan Kumar JTO (S), S/o Shri Tula Ram, P-38/16 Type-
III, Raksha Vihar Colony, Shyam Nagar Kanpur-208013,
CQA (P.P) DGQA Complex Ashok Path Kanpur.
21. Shri R K Bharti JTO (S), S/o Shri Ram Vilas Bharti, 31/3, Babu
Purwa Colony, Kidwai Nagar, Kanpur-208011, CQA (P.P)
DGQA Complex Ashok Path Kanpur.
SHAKUNTALA VERMA
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22. Shri Pawan Sharma JTO (S), S/o Shri Dhaam Pal Sharma,
69/2, Labour Colony Govind Nagar, Kanpur-208006, CQA
(P.P) DGQA Complex Ashok Path Kanpur.
23. Shri Ashish Tripathi JTO (S), S/o Late Shri Ram Adhar
Tripathi, M-1196, Awas Vikas yojana No. -1, Kanpur CQA
(Material) DGQA Complex Ashok Path Kanpur.
24. Shri Virendra Kumar JTO (S), S/o Shri Gaya Prasad, M-40,
Awas Vikas, Keshav Puram, Kalyanpur, Kanpur CQA
(Material) DGQA Complex Ashok Path Kanpur.
25. Shri Vikas Yadav SA, S/o Shri Shiv Kumar yadav, 127/1090,
W-2 Sainik Vihar Barra-2 Kanpur-208027, CQA (Material)
DGQA Complex Ashok Path Kanpur.
....Applicants.
By Advocate: Mr. Anil Kumar Singh.
Versus
1. Union of India through its Secretary, Ministry of Defence
Production 136 South Block, New Delhi.
2. The Director General of Quality Assurance Government of
India Ministry of Defence Production-DGQA, 308-A, D-I
Wing, Sena Bhawan New Delhi 110011.
3. The ADDL. DGQA(S) Department of Defence Production-
DGQA Q-Block New Delhi.
4. Controller, Controllerate of Quality Assurance (Materials)
PP/GS/T&C Ashok Path, Kanpur.
...Respondents
By Advocate: Mr. Raghvendra Pratap Singh.
ORDER
Mr. Anil Kumar Singh, learned counsel for the applicants and Mr. Raghvendra Pratap Singh, learned counsel for the respondents are present and heard.
2. The present Original Application has been filed challenging the impugned transfer order dated 19.07.2017 SHAKUNTALA VERMA 4 and consequential relieving order dated 18.08.2017. Upon initial consideration, this Tribunal, vide its interim Order dated 24.08.2017, was pleased to restrain the respondents from giving effect to the said orders so far as they relate to the applicants. The said interim relief remains in operation as on date.
3. The brief facts of the case are that the applicants, all serving as Junior Technical Officers (Scientific Cadre) in DGQA establishments at Kanpur, contend that Scientific Cadre has been kept exempt from Rotational Transfer Policy (RTP) under Ministry of Defence letters dated 24.11.2016 and 10.02.2017. They submit that the impugned transfer orders are contrary to statutory provisions, issued in mid-academic session, without considering spouse grounds or choice postings, and hence liable to be quashed. Reliance is placed upon earlier orders of this Tribunal and other Benches where similarly situated employees were granted protection.
4. Learned counsel for the applicants submitted that, in view of changed circumstances over time, several applicants have either joined at their transferred stations, superannuated, or are still continuing at their present place of posting. He placed reliance upon the earlier decision of this Tribunal dated 22.04.2025 passed in O.A. No. 1010 of 2017, wherein a similarly situated applicant nearing superannuation was extended protection under the Transfer Policy dated 10.02.2017. It is noted that while reliance has been placed upon the said order, this Tribunal has not drawn upon that precedent while disposing of the present OA. The SHAKUNTALA VERMA 5 relevant portion of the Order dated 22.04.2025 is reproduced below for reference:-
"Open Court CENTRAL ADMINISTRATIVE TRIBUNAL ALLAHABAD BENCH ALLAHABAD ********* Original Application No. 1010 of 2017 Allahabad this the 22nd day of April, 2025 Hon'ble Mr. Rajnish Kumar Rai, Member-J
1.Anjali Dayal (SA), aged about 45 years, W/o Ravindra Kumar, Resident of SH-123 6th Floor Chandra Ganga Enclave Pokharpur, Kanpur Jajmau, 208010 CQA (Materials).
2.Mithlesh Kumar JTO (S), aged about 53 years, S/o Late Babu Lal, Resident of House No. 4/233 Purana Kanpur 208002 CQA (Textile & Clothing).
3.Deleted vide Order dated 22.12.2022.
4.Dinesh Kumar Srivastava JTO (S), aged about 56 years, S/o Shri Umesh Chandra Lal, Resident of G-2, Shri Girdhari Apptt 128- 543/13, 'K' Block Kidwai Nagar, Kanpur - 208011 CQA (Textile & Clothing).
5.Uma Shanker JTO (S), aged about 50 years, S/o Late Bhikha Ram, Resident of H. No. 90, Amrit Puram, Koyla Nagar, Kanpur Textile & Clothing.
Applicant By Advocates: Mr. Anil Kumar Singh Mr. M.K. Upadhyay Vs.
1. Union of India through its Secretary, Ministry of Defence Production 136, South Block, New Delhi.
2. The Director General of Quality Assurance Government of India Ministry of Defence Production-DGQA, 308-A, D-I Wing, Sena Bhawan New Delhi 110011.
3. The ADDL. DGQA (S) Department of Defence Production-
DGQA Q-Block, New Delhi.
4. Controller, Controllerate of Quality Assurance (Materials/Textiles & Clothing) DGQA Stores Complex Ashok Path Kanpur - 208004.
Respondents By Advocate: Mr. Raghvendra Pratap Singh SHAKUNTALA VERMA 6 ORDER Shri Anil Kumar Singh, counsel for the applicants and Shri Raghvendra Pratap Singh, counsel for the respondents are present and heard.
2. This O.A. has been filed by the applicants against the impugned transfer order dated 19.07.2017 passed by the respondent No. 3. The applicants have also challenged the relieving order dated 18.08.2017. This Tribunal vide Order dated 29.08.2017 restrained the respondents to give effect the aforesaid transfer order and relieving order. Till today, the interim order has been continuing.
3.This case is listed today under the heading 'final hearing'. Counsels for the parties have been heard.
4.Learned counsel for the applicants has submitted that by the afflux of time, the status of the applicants has been changed. He further submitted that the applicant No. 1-Anjali Dayal has joined at the place of transfer and she does not want to pursue further this O.A. Hence, with respect to applicant No. 1, the O.A. has become infructuous. Regarding applicant No. 2, the applicants' counsel has submitted that he has retired, as such, against the applicant No. 2, the O.A. has become infructuous. The name of applicant No. 3 was already deleted in compliance of the Order of this Tribunal dated 22.10.2022. As regard applicant No. 4, the applicants' counsel has submitted that he has retired, as such, against the applicant No. 4, the O.A. has become infructuous.
5.So far as applicant No. 5 is concerned, learned counsel for the applicants submitted that he has only two years left for superannuation hence, as per Transfer Policy framed by Department of Defence Production, Government of India dated 10.02.2017, he should be exempted from future rotational transfer.
6.The respondents have filed the counter reply wherein they submitted that the treasurer of All India DGQA Engineering Association has challenged the transfer order before the Principal Bench of this Tribunal through O.A. No. 1310 of 2017 (Sri Gautam Singh V. The Secretary, Ministry of Defence) and while dismissing the aforesaid Ο.Α. vide order dated 25.04.2017, the Principal Bench, CAT, New Delhi has imposed a cost of Rs.25,000/-on the applicant, observed in para-ll of the judgment that "needless to say that in case the Tribunal starts interfering in such routine administrative functions and stay or cancel such transfers, it would create serious problem for the administration. The Principal Bench relied upon the judgment of S.C. Saxena Vs. Union of India and another, 2006 SCC (L&S) 1890 dismissed the aforesaid O.Α. In another O.A. i.e. O.A. No.1339 of 2017 (Pawan Jindal, General Secretary All India DGQA, Engineering Association Vs. Union of India and others), Principal Bench CAT, New Delhi vide judgment and order dated 25.04.2017 dismissed the Ο.Α. and imposed a cost of Rs.10,000/-, with further observation "Needless to say, this O.A. is not maintainable as the applicant has failed to satisfy this Tribunal why transfer should be quashed and secondly, he has no locus- standi as an individual to question the transfer of other officials. In any case, this is not an individual transfer and it is a rotational SHAKUNTALA VERMA 7 transfer, which is undertaken every year and large number of people have been transferred. This is an attempt by the applicant to derail the smooth functioning of the organization and waste precious judicial time and men power"
7.Initially, the interim order was granted in favour of present applicants on 29.08.2017 keeping in view that in the identical O.A. No. 305/2017 connected with O.A No. 486/2017 before the Mumbai Bench as well as in the OA. 2791/2017 filed before the Principal Bench at New Delhi, the interim order was granted in favour of the applicants therein. Accordingly, the interest of the applicants herein was also protected. Thereafter, on 11.01.2019, the Mumbai Bench of this Tribunal dismissed the aforesaid OAs after taking into consideration the Order dated 17.12.2008 of the Principal Bench in O.A. 2791/2017. The relevant part of the Order dated 11.01.2019 is quoted herein below: -
"2. When the case was first heard on 15.05.2017, the applicants brought to notice the orders of the Bangalore Bench granting interim relief to the applicants therein, and the applicants in the present cases were granted interim relief, which continues today. During the hearing on 08.08.2018, the learned counsel for applicants informed that a transfer application had been filed before the Principal Bench for transfer of this OA, but was not granted. In response, the Principal Bench passed orders on 31.08.2018 in PT Nos. 142/2018, 146/2018 and 174/2018 staying the proceedings before this Tribunal. Therefore, it is apparent that the applicants all along are arguing for keeping these matters pending until orders of the Principal Bench on the principal issue of their challenge to the Rotational Transfer Policy. Those orders are now available in orders of the Principal Bench in OA No.2791/2017 decided on 17.12.2018 by which it has been decided as below:-
"New RTP relating to not holding of DPCs, not identifying sensitive and non sensitive posts, presumptive cost to exchequer and not following the recommendations of the concerned committee are not tenable. Formulation of policy is in the domain of the competent authority and unless there is some clear irregularity, which the above points do not indicate, any interference by this Tribunal is totally unwarranted. Thus, the matter regarding the validity of the New RTP being completely covered by the judgment of the Bangalore bench of this Tribunal referred above and, furthermore, the applicants have failed to give any convincing reason why this policy should be interfered with, we come to the conclusion that there is no ground to interfere with the New RTP dated 24.11.2016 challenged in the present OA."
3. Taking into consideration the stand of the parties all along during the pendency of the OA that the present OAs are identical to the OA No. 2791/2017 in Mrs. Alka Chauhan & Ors. V/s. Union of India & Ors. decided on 17.12.2018, pending before the Principal Bench of this Tribunal, and the fact that the said matter Alka Chauhan (Supra) has since been decided by the Principal Bench vide Judgment and Order dated 17.12.2018, we are of the view that the present OAs may also be disposed in the same terms as order dated 17.12.2018 in OA No.2791/2017. 20 OA No. 305 of 2017 with OA No.486/2017 SHAKUNTALA VERMA 8
4. In view of the above, both the above OAs are dismissed without any order as to costs."
7.Looking into peculiar facts of the case, O.A. is not survived with respect to applicants No. 1 to 4 and applicant No. 5 is due to be superannuated within two years. Accordingly, in view of the submission of counsel for the parties, this Court is of the opinion that no purpose would be served in keeping this O.A. pending. Accordingly, the O.A. stands disposed of qua applicant No. 5 with direction to him to move a fresh representation in the light of aforesaid transfer policy of Department of Defence Production dated 10.02.2017 within a period of fifteen days from today and further the respondents are directed to consider and decide the such representation if, moved by the applicant, within a period of one month from the date of receipt of fresh representation along with a certified copy of this Order. Till the disposal of representation, the respondents are directed not to take any coercive action against the applicant No. 5. The action taken on the representation of applicant, shall be communicated to the applicant forthwith. No cost."
5. Learned counsel for the applicants reiterated that Scientific Cadre is an independent cadre, exempted from RTP, and that the impugned orders are arbitrary and mala fide. Supplementary rejoinder has also been filed pointing out defects in RTP as admitted in JCM Council minutes dated 27.08.2018.
6. Per contra, learned counsel for the respondents submitted that RTP dated 24.11.2016, as amended, is applicable to all Group-B Gazetted and Non-Gazetted officials including JTO (S). It is submitted that transfer is an incident of service, and unless vitiated by mala fide or violation of statutory provisions, the Hon'ble Tribunal should not interfere. Reliance has been placed upon settled law of Hon'ble Supreme Court in Shilpi Bose, S.C. Saxena, Gobardhan Lal and other cases.
7. Having heard the parties and perused the pleadings, it is evident that the applicants have raised grievances of SHAKUNTALA VERMA 9 exemption under policy, whereas respondents maintain applicability of RTP to Scientific Cadre.
8. During pendency of the matter, certain applicants have either retired, withdrawn, or joined at transferred stations, thereby changing the factual matrix. In particular, Applicant No.9 filed Civil Misc. Withdrawal Application No. 330/3678 of 2025 seeking permission to withdraw his name from the array of parties. The said application was taken on record. Accordingly, the name of Applicant No.9 stands deleted from the array of parties and interim protection earlier granted in his favour shall stand vacated. At this stage, learned counsel for the applicants submitted that the applicants are satisfied with the interim protection already operating and prayed that the matter may be disposed of accordingly.
9. In view of the submissions and looking into the peculiar facts of the case, this Tribunal is of the opinion that no useful purpose would be served in keeping the matter pending. Accordingly, the OA is disposed of at this stage with liberty to the applicants that, if any cause still survives against them, they may move a detailed representation ventilating their grievances before the competent authority within a period of one month from the date of this order. The competent authority of the respondents is directed to consider and decide such representation, if moved, within a period of two months from the date of receipt of the representation along with a certified copy of this order. Till disposal of such representation, no coercive action shall be taken against the applicants. The decision taken shall be communicated forthwith to the concerned applicants.
SHAKUNTALA VERMA 10
10. It is clarified that this Tribunal has not entered into the merits of the transfer orders, nor has it examined the issues of delay and laches at this stage.
11. Accordingly, the Original Application stands disposed of. There shall be no order as to costs.
12. All pending Miscellaneous Applications, if any, also stand disposed of.
(Rajnish Kumar Rai) Member (J) /Shakuntala/ SHAKUNTALA VERMA