Central Administrative Tribunal - Kolkata
Amit Sengupta vs Employees Provident Fund Organisation on 21 August, 2018
1 O.A 706/2018
CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH
O.A 350/706/2018 Date of Order: 21.08.2018.
Coram: Hon'ble Ms. Bidisha Banerjee, Judicial Member
Hon'ble Dr. (Ms.) Nandita Chatterjee, Administrative Member
Amit Sengupta, son of Late Amar Sengupta, 49, Hem
Chandra Lane, Post Office - Bhadrakali, Police station -
Uttarpara, District Hooghly, Pin Code - 712232, working as
Data Processing Assistant (Group B Non-gazette staff) under
Employees' Provident Fund Organisation, Ministry of Labour
and Employment, Government of India.
--Applicant
Versus
The Union of India,•service through its Secretary,
.bü and ?Erp.loyment, Government .'of India,
Ministry of Labr.
Shram Shakti Bhawan, Rafi Marg, New Delhi - 1 10001.
The Emp1ye' Providcnt Fund Organization,
(Ministry of Labour and Employment, Government ibf India),
service through Central Provident Fund Coimñissionei,
Bhavishya Nidhi Bhawan, 14 Bhikaji Cama Place,, New Delhi
- 110066.
The Riegional Provident Fund Commissioner -1 (HRM),
Employees' Pro.vident Fund Organization, :(.Ministry of Labour
and Empi'oymet, Govefmerit of India), Bhavishya Nidhi
Bhawan, 14' hikaji Cama Place, 'New Delhi - 110066.
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.
The Additional Central Provident Fund Commissioner,
Zonal Office Kolkata, Employees' Provident Fund
Organization, West Bengal, Andaman & Nicobar Islands and
Sikkim, DK Block, Sector 11, Salt Lake City, Kolkata 700091.
The Regional Provident Fund Commissioner
Regional Office Kolkata, Employees' Provident Fund
Organization, DR Block, Sector II, Salt Lake City, Kolkata
700091.
The Assistant Provident Fund Commissionel- (ADM),
Regional Office Kolkata, Employees' Provident Fund
Organization, DR Block, Sector II, Salt Lake City, Kolkata
700091
- - Respond er ts
2 O.A 706/2018
ForThe Applicant(s): Md. S. Jahan, Counsel
Ms. M. Mitra, Counsel
For The Respondent(s): Mr. C. K Roy, Counsel
- ORDER(ORAL)
Per: Mrs. Bidisha Banerjee, Member (J):
Heard id. counsel for both sides.
It seems that in terms of the policy of the respondents dated 25th September 2008, as furnished by id, counsel for the applicant, every emloyee of the organisation carryinga scale of pay ogroup B (Non Gazetted)pot 4. I under the Central Government and group C employees is liable, to krve anywhere in the respective regions in which they are appointed. This irnbiies that every person shoild be tinsferre'd but within their, respective regions of appointmenti whereas the applicant has been transferred to North Eastern Region from West Bengal Region.
However, respondents have adequately intimated in their speaking order that such posting was urgently required in view of the exigency of pullic interest and for administrative reason, consequent upon expiry of contract with UTTISL for posting of DPAs in 13 newly created/upgraded Regional Offices.
However, we notice that the applicant has been given liberty to make a prayer upon joining the post of transfer.
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L. 1 ; 1 3 O.A706/2018 / Ld. counsel for the applicant submits at the bar that t h e applicant i ready to move out of Kolkata to any place within the West Bengal Region which also covers A&N Island.
Accordingly, liberty is given to the applicant to submit a representatiOP seeking transfer back to West Bengal Region, to any appropriafe place whre the respondents can accommodate him suitably, subject to iavailability l of vacancies In the event such representation is preferred, the same shall be dispo ed of by the respondent authority within a period of 4 weeks from the date of receipt of such represetitation with a reasoned and speaking orde.
The O.A accordingly stands disr.ose.d of. No costs.
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144 1 ~ ~ 7 (Nandita Chatterjee) ; (Bidiha Banerjee) Member (A) Mèmber(J) ss