Central Administrative Tribunal - Allahabad
Anurag Shukla vs M/O Defence on 3 January, 2025
1
(Open Court)
Central Administrative Tribunal
Allahabad Bench, Allahabad
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Original Application No.13 of 2025
This the 03rd Day of January, 2025.
Hon'ble Mr. Rajnish Kumar Rai, Member (J)
1. Anurag Shukla a/a 47 years Ramdhari Shukla
Permanent R/o-Sahaso, Allahabad Working as Senior
Auditor (Group-B, Non-Gazetted), SA/98332154 at
PCDA, Prayagraj under CGDA being Joint Consultative
Machinery (JCM-IV Level).
2. Pankaj Kumar a/a 46 years s/o Mahesh Prasad
Permanent R/o-93/86, Old Mumfordganj, Allahabad
Working as Senior Auditor (Group-B, Non-Gazetted),
SA/98336095 at PCDA, Prayagraj under CGDA being
Joint Consultative Machinery (JCM-IV Level).
....Applicants.
By Advocate: Shri Udai Chandani/Shri Jitendra Nayak.
Versus
1. Union of India through Secretary (Ministry of Defence)
South Block, New Delhi-110001.
2. Controller General of Defence Accounts, Ulan Batar
Road, Palam, Delhi Cantt.-110010.
3. Principal Controller of Defence Accounts (Pension),
Prayagraj having its office at Draupadi Ghat, Prayagraj-
211014.
4. Senior Accountant (Administration) in the Office of
Principal Controller of Defence Accounts (Pension),
Prayagraj having its office at Draupadi Ghat, Prayagraj-
211014.
...Respondents
By Advocate: Shri Chakrapani Vatsyayan.
SHAKUNTAL
A VERMA
2
ORDER
Shri Udai Chandani, counsel for the applicants and Shri Chakrapani Vatsyayan, counsel for the respondents are present and heard.
2. The instant original application has been filed seeking following reliefs: -
"(A) To set aside the order dated 24.12.2024 passed by respondent no. 3 and issued by respondent no.4. (B) To issue an order or direction may deem fit and proper in the facts and circumstances of the case. (C) To award the cost to the applicant."
3. The applicant No.1 was appointed as an Auditor in 1997 and was promoted to Senior Auditor in 2010. Since then, he has rendered services to the utmost satisfaction of his superiors. Applicant No.2 was appointed as an Auditor in 2009 and was promoted to Senior Auditor in 2013, also rendering satisfactory services. There is an All India Defence Accounts Employees Association (hereinafter referred to as 'Association') recognized by the Government of India and approved by the Ministry of Defence, as per the CCS (RSA) Rules, 1993. The applicants are Joint Council Members (JCM) (ROC-IV) in the Association, appointed on 08.08.2022 by the Secretary General. The JCM term is three years, ending on 08.08.2025. The Association's Bye-Laws policy prohibits transfers for employees holding JCM or similar posts. A SHAKUNTAL A VERMA 3 similar transfer issue arose in 2014, where Janardan Das, a JCM (ROC-4) member, was transferred. He challenged this before the Central Administrative Tribunal, Kolkata, which granted an interim order in his favor on 06.12.2024. The applicants have represented their grievance to respondent No.3, seeking exemption from transfer posting until 08.08.2025, as they hold the JCM post.
4. Pursuant to the impugned transfer order, Applicant No. 1 has been transferred from PCDA, Prayagraj to PCDA (A), Jammu GTS/4, and Applicant No. 2 has been transferred from PCDA, Prayagraj to PCDA (A), Pune, RTI Cell. The applicants have challenged this transfer order, mainly relying on paragraph 8.4 of the Transfer Policy dated 28.03.2014, which states that members of the Joint Consultative Machinery nominated by recognized Headquarters Associations will be exempt from transfer as long as they hold these memberships, except in cases of administrative exigency. At this stage, submission of counsel for the applicants are that they have moved a representation dated 26.12.2024, taking the grounds regarding the transfer policy, the applicants request the competent authority in the respondent's department to recall the transfer order pertaining to them.
5. Learned counsel appearing for the respondents submitted that the transfer order was passed due to SHAKUNTAL A VERMA 4 administrative exigency. He strongly opposed the applicants' counsel's contention and requested time to seek instructions from the department.
6. In view of the limited prayer made by the applicants' counsel, no fruitful purpose would be served in keeping the matter pending. Hence, OA is disposed of, at the admission stage itself, with direction to the competent authority amongst the respondents to consider and decide the pending representation dated 26.12.2024 of the applicants in the light of relevant paragraphs of Transfer Policy dated 28.03.2014 by passing a reasoned and speaking order within a period of 02 months from the date of receipt of a certified copy of this order. Till such time the representations are disposed of, the applicants will not be disturbed from their present place of posting, i.e., P.C.D.A., Prayagraj. The order so passed on the aforesaid representation of the applicants, shall be communicated to them forthwith.
7. It is made clear that this Tribunal has not entered into the merits of the case. No order as to costs.
(Rajnish Kumar Rai) Member (J) /Shakuntala/ SHAKUNTAL A VERMA