Central Administrative Tribunal - Ernakulam
K Anil Kumar And Another vs Defence on 16 August, 2022
1 O.A No. 180/00359/2022
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
O.A No. 180/00359/2022
Tuesday, this the 16th day of August, 2022.
CORAM:
HON'BLE Mr. ASHISH KALIA, JUDICIAL MEMBER
HON'BLE Mr. K.V. EAPEN, ADMINISTRATIVE MEMBER
1. K. Anil Kumar, aged 47 years,
S/o. K. Krishnankutty,
Civilian Motor Driver (SG),
INS GARUDA, Naval Base, Kochi - 682 004.
Residing at : Kazhottukonam House,
Poovachal P.O., Thiruvananthapuram - 695 575.
2. S. Lalumon (CMD 1), aged 46 years,
S/o. P.P. Thankappan (late),
Civilian Motor Driver (Grade I),
INS GARUDA, Naval Base, Kochi - 682 004.
Residing at : Pulitharanikathil, Mulavukadu P.O,
Ponnarimangalam, Ernakulam - 682 504. - Applicants
[By Advocate : Mr. Kaleeswaram Raj, Senior
Ms. Thulasi K. Raj]
Versus
1. Union of India represented by the Secretary to Government,
Department of Defence, Central Secretariat - 110 001.
2. The Flag Officer Commanding-in-Chief (for CCPO),
Headquarters, Southern Naval Command (HQSNC),
INS Venduruthy, Kochi - 682 003.
3. The Flag Officer Commanding-in-Chief [for CSO (P&A)]
Headquarters Southern Naval Command (HQSNC),
INS Venduruthy, Kochi - 682 003.
4. Commanding Officer,
INS Garuda, Naval Base, Kochi - 682 004. - Respondents
[By Advocate : Mr. Ashok Suresh, ACGSC]
The application having been heard on 16.08.2022 through video conferencing,
the Tribunal on the same day delivered the following:
2 O.A No. 180/00359/2022
O R D E R (Oral):-
Per: Mr. Ashish Kalia, Judicial Member The applicants have filed this O.A seeking the following reliefs:-
"(i) To declare that the applicants are entitled to be transferred to the industrial unit based on Annexure A-3 memorandum.
(ii) To direct the respondents to comply with Annexure A-3 and pass orders transferring the applicants to the industrial wing.
(iii) To direct the respondent to consider and pass orders on Annexure A-4 and A-5 representations.
(iv) to issue such other appropriate orders or directions that this Hon'ble Tribunal may deem fit, just and proper in the circumstances of the case.
(v) To grant the costs of this Original Application."
2. The applicants are presently working as Civilian Motor Driver Grade I in INS, Garuda, Naval Base, Kochi. The first applicant entered into service on 20.06.2000 at INS, Sanjivani and was subsequently transferred to INS Garuda in the same capacity on 09.04.2018. The second applicant entered into service on 20.12.2004 at NAY Dabolim, Goa and was transferred to INS Dronacharya on 14.02.2008 on compassionate grounds, and was subsequently transferred to INS Garuda in the same capacity on 22.01.2015. The applicants submit that Clause (d) of Paragraph No. 1 of Annexure A-3 states that "Personnel will not normally be allowed to continue in a particular unit/Establishment for a period exceeding 10 years". It is also submitted that since the applicants joined service, they have been working continuously in the Non-industrial unit. The applicants are aggrieved by their non-transfer to the Industrial Unit even after serving many years in the Non-Industrial Unit. Hence they filed the present O.A.
3. Counsel for the respondents, Mr. Ashok Suresh, ACGSC is present. 3 O.A No. 180/00359/2022
4. The applicants are seeking transfer from Non-Industrial Unit to Industrial Unit, which is under consideration but the Recruitment Rules to this effect are yet to be amended. Learned counsel for the applicants submitted at the Bar that in case the respondents do the same within a time frame manner then applicants have no objection for disposal of the present O.A.
5. On the other side, counsel for the respondents submitted at the Bar that the process will be completed by the end of September, 2022 and the new transfer policy will be formulated and there would be vacancies of Civilian Motor Drivers in Non-Industrial Units as well as Industrial Units.
6. Be that as it may, after hearing counsel for the parties and perusing the records, we are of this view that the O.A can be disposed of without looking into the merits of the case with the expectation that the respondents will immediately formulate this policy as they have stated in the statement in para 2 and 4, as under:-
"2. It is humbly submitted that after examining the representation dated 18.06.21 submitted by Shri K. Anilkumar, the same has been disposed of vide Headquarters Southern Naval Command Speaking Order CS 2760/7 dated 28.07.22, a true copy of which is produced herewith and marked as Annexure R-1.
4. Further it is submitted that the names of Shri K. Anil Kumar and Shri S. Lalumon have already been registered in the transfer request roster of Civilian Motor Drivers, as per their initial representations dated 31.01.19 and 19.06.14. In order to address the issue of transfers, a new transfer policy is under formulation and orders will be issued by end September, 2022. The requests of the applicants would be considered on implementation of the policy keeping in view the service rendered by the Civilian Motor Drivers in Non-industrial Units and availability of vacancies at Industrial Units."4 O.A No. 180/00359/2022
7. In view of the above, respondents may consider the case of the applicants preferably within a period of three weeks thereafter i.e., after formulation of the policy. Ordered accordingly. No more issue is left to be decided by this Tribunal. However, we give liberty to the applicants in case, if they are not satisfied, they may re-approach this Tribunal, if so advised.
8. The O.A is disposed of. No order as to costs.
(Dated, 16th August, 2022.)
(K.V. EAPEN) (ASHISH KALIA)
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
ax
5 O.A No. 180/00359/2022
Applicant's Annexures
Annexure A-1 - True copy of the Movement Order No. 276/21/1
dated 22.01.2015 issued by the Lieutenant
Commander, Civilian Establishment Officer.
Annexure A-2 - True copy of the Movement Order No. 270/03 dated 09.04.2018 issued by the Captain, Civilian Establishment Officer.
Annexure A-3 - True copy of HQSNC Memorandum No. CS 2765/34 dated 04.03.2009 issued by the Flag Officer Commanding-in-Chief.
Annexure A-4 - True copy of the transfer request to industrial unit dated 18.06.2021 submitted by the first applicant to the Flag Officer Commanding-in-Chief.
Annexure A-5 - True copy of the transfer request to industrial unit dated 18.06.2021 submitted by the second applicant to the Flag Officer Commanding-in-Chief.
Annexure A-6 - True copy of the advertisement published by the Southern Naval Command, Kochi and Andaman & Nicobar Command, Port Blair.
Respondents' Annexures Annexure R-1 - True copy of Headquarters Southern Naval Command Speaking Order CS 2760/7 dated 28.07.22.
Annexure R-2 - True copy of Headquarters Southern Naval Command Speaking Order CS 2760/7(i) dated 28.07.22.
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