Central Administrative Tribunal - Mumbai
Dated This Friday vs Union Of India Through Secretary on 30 November, 2012
1 O.A. No. 617/2012 CENTRAL ADMINISTRATIVE TRIBUNAL BOMBAY BENCH, MUMBAI. ORIGINAL APPLICATION NO.: 617 of 2012. Dated this Friday, the 30th day of November, 2012. CORAM : Hon'ble Smt. Chameli Majumdar, Member (J). Rajesh Mongia, Executive Engineer (QS &C), SG/Joint Director (C), Working as Instructor, College of Military Engineering, Dapodi, Pune. R/at : 485-B, College & Military Engineering, Dapodi, Pune 411 031. ... Applicant. (By Advocate Shri A. D. Joshi) VERSUS 1. Union of India through Secretary, Ministry of Defence, South Block, New Delhi 110 001. 2. The Engineer-In-Chief, Integrated HQ of MoD (Army), Kashmir House, New Delhi 110 011. 3. The Commandant, College of Military Engineering (CME), Dapodi, Pune 411 031. 4. The Commander Works Engineer, Jhansi Laxmibai Road, Jhansi Cantt 284 001. ... Respondents O R D E R (ORAL)
Per : Smt. Chameli Majumdar, Member (J).
The applicant is presently working as a Faculty Member, other than permanent faculty member, in college of Military Engineering, Pune. The 2 O.A. No. 617/2012 applicant joined the said Institution on 01.07.2010.
2. The applicant is aggrieved by the order of transfer dated 22.10.2012 whereby the applicant has been transferred to C.W.E., Jhansi, as DCWE (Contracts). By the said impugned order the applicant has been directed to report by 03.12.2012. The grievance of the applicant is that the respondents, while issuing this order of transfer, failed to consider the relevant provisions of the O.M. of D.O.P.T. dated 31.03.1987. Sub-para 8 of para 2 of the said O.M. says that on conclusion of a tenure in a Training Institute, each officer should be given the facility of three option relating to his next posting and the department concerned would arrange for the posting according to the option exercised by the officer as far as possible.
3. The learned counsel for applicant has referred to the Guidelines for Cadre Management of M.E.S., Civilian Officers. Para 20 deals with 'Posting Pattern Surveyor Cadre Officers'. The said para says that officers shall generally have tenure of 2 to 3 years. The applicant, before completion of his tenure, made a representation to Respondent No. 2 dated 27.08.2012 and placed his choice of posting for the following three places, namely Delhi, Pune and Mumbai. In the said representation, 3 O.A. No. 617/2012 the applicant contended that the applicant with due permission from Comdt. CME, enrolled for research from Pune University in this most relevant topic the subject being A Study of Alternative Dispute Resolution (ADR) System in Infrastructure Projects for Indian Defence Forces. The contention of the applicant is that the benefit from the research study may be utilized by MES for improvement of the current system of Contract Dispute Resolution.
4. The applicant contends that the order of transfer is in deviation of the O.M. issued by the D.O.P.T. with regard to choice of posting after completion of tenure in a Training Institute as well as non-consideration of his representation dated 31.08.2012. It further appears that after receiving the order of transfer, the applicant submitted another representation dated 31.10.2012 which is still unactioned.
5. I direct the Respondent No. 2 to consider both the representations preferred by the applicant dated 27.08.2012 and 31.10.2012 and pass a reasoned order in accordance with relevant rules, circulars and instructions within four weeks from the date of receipt of a copy of the order. If the applicant is aggrieved by the order which will be passed by the respondent no. 2, the applicant will be at 4 O.A. No. 617/2012 liberty to approach the appropriate legal forum within two weeks from the date of receipt of a copy of the order. Till then the impugned order of transfer in respect of the applicant, transferring him from CME Pune to CWE Jhansi as well as movement order will be kept in abeyance.
6. The O.A. stands disposed of at the admission stage itself in terms of above directions and liberty. No order as to costs.
DASTI.
(Smt. Chameli Majumdar) Member (J) os*