Central Administrative Tribunal - Gauhati
Sri Dipendra Kumar Chetia vs M/O Defence on 2 February, 2023
Item No.29 1
CENTRAL ADMINISTRATIVE TRIBUNAL
GUWAHATI BENCH
(CIRCUIT COURT AT SHILLONG)
Original Application No. 043/000220/2020
Date of order: This, the 02nd day of February, 2023
HON'BLE SMT. URMITA DATTA SEN, JUDICIAL MEMBER
HON'BLE DR. SUMEET JERATH, ADMINISTRATIVE MEMBER
Sri Dipendra Kumar Chetia
S/o Late Gunendra Kumar Chetia
MES: 229611
Working as Senior Store and Revenue Assistant
O/o Garrison Engineer,
Shillong - 793002.
...Applicant
- Versus -
1. Union of India
Through the Secretary,
Ministry of defence, Govt. of India,
South Block, New Delhi - 110001.
2. HQ Commander Works Engineer,
Spread Eagle Falls,
Shillong - 793011.
3. HQ Chief Engineer,
Shillong Zone
Spread Eagle Falls
Shillong - 793011.
4. Headquarters,
Chief Engineer,
Eastern Command
Fort William,
O.A. No. 043/00220/2020
Item No.29 2
Kolkata, Pin - 908542.
C/o 99 APO.
5. GE Shillong (MES)
BSO Shillong,
Shillong - 793002.
... Respondents
For applicant(s): Sri M. Chanda
For respondents: Sri S.K. Ghosh, Addl. CGSC
ORDER(ORAL)
PER URMITA DATTA (SEN), MEMBER (J):
The instant application was initially filed by the applicant challenging his posting from GE Shillong to GE Umroi on tenure posting. According to the applicant, as per the prevailing policy, after fifty two years of age, nobody could be posted in a tenure posting whereas the applicant was 56 years old at the time of filing of the O.A. However, during the pendency of the application, the applicant has presently left with only one year and four months of service.
2. It has been submitted by Sri M. Chanda, Learned Counsel appearing on behalf of the applicant that as per the circular O.A. No. 043/00220/2020 Item No.29 3 no. B/20148/PP/E1C(1) issued vide order dated 18.02.2019(Annexure-A/7) in regard to "Guidelines Management of Group „B‟(NG) & „C‟ Employees of Military Engineer Services" wherein it has been stipulated at para 6
(xi) that:
"6. (xi) Age Factor:
All group 'B'(NG) & 'C' employees will generally not be transferred out of complex preceding three years of their retirement except at their request to stations/complexes of their choice. However, if they have to move on promotion and if there is no clear vacancy in the station/complex where they are serving, they may still be moved irrespective of the consideration of age. Indl having one year of residual services will not be considered for LTO except those who have completed 03 years on sensitive appointment."
2. Since the applicant has been left with only 1 ½ years of service, as per the learned counsel for the applicant, it would suffice his purpose, if the case of the applicant would be considered according to the said provisions of the guidelines.
O.A. No. 043/00220/2020 Item No.29 4
3. Sri S.K. Ghosh, Addl. CGSC appearing on behalf of the respondents, on the other hand, has no objection to consider the case of the applicant by the respondents as per the provisions of the guidelines.
4. In view of the above, the respondents are directed to consider the case of the applicant with regard to his tenure posting as per the provisions/guidelines as stipulated at para 6 (xi) and communicate the decision to him within a period of four weeks‟ from the date of receipt of a copy of this order.
5. Accordingly, the O.A. stands disposed with the above observations and directions with no order as to costs.
(DR SUMEET JERATH) (URMITA DATTA SEN)
MEMBER (A) MEMBER (J)
/Sk/
O.A. No. 043/00220/2020