Central Administrative Tribunal - Jabalpur
Deo Narayan Patel vs M/O Steel on 6 March, 2020
1 O.A.No. 200/00789/2019
CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH
JABALPUR
Original Application No.200/00789/2019
Jabalpur, this Friday, the 6th day of March, 2020
HON'BLE SHRI NAVIN TANDON, ADMINISTRATIVE MEMBER
HON'BLE SHRI RAMESH SINGH THAKUR, JUDICIAL MEMBER
Deo Narayan Patel, S/o Shri Dadu Ram Patel,
DOB: 30.06.1971, Working-Steel Melting Shop
R/o Qr. No. 1-A, Street-8, Sector-7, Bhilai
District-Durg (CG)-490006 -Applicant
(By Advocate - Shri Vijay Tripathi)
Versus
1. Union of India, through its Secretary,
Ministry of Steel & Power , Udyog Bhawan,
Dr. Maulana Azad Road,
New Delhi 110011
2. Chairman and Managing Director,
Steel Authority of India Ltd. Ispat Bhawan,
Lodhi Road, New Delhi-110001
3. Managing Director/Chief Executive Officer,
Steel Authority of India Ltd. Bhilai Steel Plant,
Bhilai, District-Durg (CG- 490001)
4. Sr. Manager, Steel Authority of India Ltd.
Bhilai Steel Plant, Personnel Department, Manpower
Planning & Recruitment Section,
Bhilai, District-Durg (CG-490001) - Respondents
(By Advocate - Shri P.Shankaran Nair)
(Date of reserving the order:- 07.02.2020)
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2 O.A.No. 200/00789/2019
ORDER
By Ramesh Singh Thakur, JM:-
This Original Application has been filed against the impugned order dated 13.04.2018 (Annexure A-1) whereby the applicant has been transferred/posted from the Transport and Diesel (T&D) department to Steel Melting Shop (SMS
-3) (Modex) department on temporary basis.
2. The applicant has sought for the following relief in this Original Application.
"8. Relief Sought:-
(i) Summon the entire record from the possession of the respondents for its kind perusal.
(ii) Set aside the order dated 13.04.2018 (Annexure A-1) and 16.05.2019(Annexure A-2) whereby the applicant has been transferred/posted from the Transport and Diesel (T&D) department to Steel Melting Shop (SMS-3).
(iii) Direct the respondents to repatriating applicant to the Transport and Diesel (T&D) department with all consequential benefit.
(iv) Any other order/orders, which this Hon'ble Court deems fit and proper may also be passed.
(v) Award cost of the litigation in favour of the applicant."Page 2 of 14 3 O.A.No. 200/00789/2019
3. As per pleadings the case of the applicant is that the applicant was initially appointed on 26.12.1991 as Senior Technician cum Operative Trainee. After the appointment the applicant was sent for training for a period of 1 ½ years. After completion of training the applicant was posted as Sr. Yard Master to supervise the Train movement at transport and diesel department (Railway Department) of Bhilai Steel Plant where the loading and unloading of goods is done in the railway wagons for transportation.
4. Thereafter, the applicant was promoted as Chief Yard Master on 30.06.2004 and has been continuously working in the transport and diesel department of Bhilai Steel Plant. On 13.04.2018 (Annexure A-1), the applicant has been transferred/posted from Transport and Diesel (T&D) department to Steel Melting Shop (SMS-3) (Modex) department on temporary basis. The applicant being an obedient servant of the respondent department submitted his joining in the Steel Melting shop (SMS-3) Page 3 of 14 4 O.A.No. 200/00789/2019 (Modes) department on 16.04.2018. However, the applicant was not posted back to his parent department. When the applicant was not repatriated to his parent department the applicant preferred representation dated 20.02.2019 (Annexure A-3) and requested that the applicant was transferred/posted on temporary basis to the department where the work of similar nature do not exist which he was performing in T&D department, therefore his transfer/posting order is contrary to clause 23 of the standing order applicable in the Bhilai Steel Plant. So the applicant is facing the great mental trauma.
5. When the respondent department has not given an response towards the representation of the applicant dated 20.02.2019 the applicant further submitted a n application dated 07.03.2019 (Annexure A-4) in the shape of reminder and lodged his protest against the illegal temporary transfer/posting.
Thereafter the respondent department has issued an order dated 16.05.2019 (Annexure A-2) whereby the Page 4 of 14 5 O.A.No. 200/00789/2019 applicant was permanently transferred/posted to SMS- 3(Modex) department ignoring the fact that as per clause 23 of the standing order he cannot be transferred to the department where the work of similar nature is not available.
6. The respondents have filed the reply to the Original Application.
7. It has been submitted by the replying respondents that the Bhilai Steel Plant is a Public Sector undertaking under Steel Authority of India being controlled by Govt. of India, Ministry of Steel and Power. It has got its own rules/regulations governing the service conditions of its employees and they are governed under those rules/regulations.
8. On development of new technology and requirement of modernization of the plant, a new Unit SMS-3 with capacity of 4 MT (million ton) was commissioned in the plant for 7 MT for expansion and modernization of the plant. On requirement of manpower in new Unit, most of Page 5 of 14 6 O.A.No. 200/00789/2019 the new recruits have been posted in that unit taking from different departments for ensuring smooth functioning of the new Unit.
9. As the applicant has jointed in Bhilai Steel Plant on 26.12.1991 as Senior TOT and on successful completion of 18 months training, he was absorbed as Sr. Technician (Mech.) in L-6 grade on 26.06.1993. The applicant was transferred from Diesel side to transport side in T&D department and posted as Yard Master on 11.11.1993. The applicant was given higher grade and promotion from time to time on fulfillment of the required eligibility conditions. On 30.06.2004 he was promoted as Chief Yard Master.
10. The applicant was initially transferred from T&D department to SMS-3 vide order dated 13.04.2018 on temporary basis (Annexure R-2). He was posted in the new department under supervision and guidance of executive of SMS-3. After satisfactory performance of his work in SMS-III the applicant was permanently re-deployed in the department along with many others vide order dated Page 6 of 14 7 O.A.No. 200/00789/2019 16.05.2019 (Annexure A-2). Prior to the transfer order to SMS-3 department he had been orally advised on number of occasions. On his permanent absorption in SMS-3 department, his service conditions have not been altered and he will continuously be governed under the same rules/regulations under which he was earlier governed. Neither his pay nor seniority or promotion will also be affected adversely or altered by way of this redeployment.
11. It has been specifically submitted by the replying respondents that the transfer to SMS-3 department from other department including applicant had been given on board training in HRDC (Training Department). Because of the above and being a Diploma in Electrical Engineer and also hold the degree AMIE, he gained knowledge and skill required for the work in SMS-3 department and hence was permanently re-deployed in the department. This will also enabled him to acquire varied skill at his own advantage and also at the interest of the plant. Page 7 of 14 8 O.A.No. 200/00789/2019
12. The applicant has filed the rejoinder to the reply filed by the respondents, wherein the applicant has re-iterated its earlier stand.
13. The applicant has specifically submitted that as per clause 4 of the appointment letter as referred herein "existing or expansion unit" was deemed for 'existing or expansion unit' as was going on at the time of appointment of the applicant but, not the one being carried out after 26 years from the date of appointment. As the applicant has completed 26 years of service in the organization and out of 123 persons working on similar nature of the job, the applicant was victimized by randomly picking from them without any justification and so there is a violation of the standing order.
14. It has been further submitted by the applicant that only one day safety training was given in the HRDC Department at the day of joining. The applicant has never been trained to perform duty in Converter unit, secondary refining unit and casting unit. Knowledge, degree and skill Page 8 of 14 9 O.A.No. 200/00789/2019 are capabilities to promote in the department not for vendetta like transfer. The applicant has specifically submitted that as per clause 23 of the standing order the "employees may be transferred due to the exigencies of work from one work, department, section or job to another, provided that the pay, grade, continuity and conditions of service of the employee are not adversely affected by such transfer and provided also that if an employee is transferred from one job to another, the job should be of similar nature and such as he is capable of doing."
15. We have heard the learned counsel for both the parties and carefully perused the pleadings and the documents annexed therewith.
16. From the pleadings it is admitted fact by both the parties that the applicant was appointed on 26.12.1991 as Senior Technician cum Operative Trainee and after completion of training the applicant was posted as Sr. Yard Master to supervise the Train movement at transport. Further it is also admitted fact that the applicant was Page 9 of 14 10 O.A.No. 200/00789/2019 promoted as Chief Yard Master on 30.06.2004. It is also admitted fact that vide order dated 13.04.2018 (Annexure A-1), the applicant has been transferred/posted from Transport and Diesel (T&D) department to Steel Melting Shop (SMS-3) (Modex) department on temporary basis. The applicant had joined in the Steel Melting shop (SMS
-3)(Modex) department on 16.04.2018 and the representation was also made by the applicant dated 20.02.2019 (Annexure A-3) and requested that the applicant was transferred/posted on temporary basis to the department where the work of similar nature do not exist which he was performing in T&D department, therefore his transfer/posting order is contrary to clause 23 of the standing order. Despite the said representation, the respondent department has issued the impugned order dated 16.05.2019 (Annexure A-2), whereby the applicant has been permanently transferred/posted to SMS-3 (Modex) department.
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17. The question of determination before us is that whether the applicant can be posted at SMS-3 (Modex) department.
18. The contention of the applicant is that the respondent department has violated the standing order No. 23 wherein it has been specifically prescribed that the person can be transferred to another department subject to the condition that the job should be of similar nature and such as he is capable of doing it.
The relevant standing order 23 reads as under:
"23. Transfers:
Employees may be transferred due to the exigencies of work from one work, department, section or job to another, provided that the pay, grade, continuity and conditions of service of the employee are not adversely affected by such transfers and provided also that if an employee is transferred from one job to another, that job should be of similar nature and such as he is capable of doing."
19. On the other hand, the contention of the respondent department is that on 13.04.2018 the applicant was transferred to Steel Melting shop on temporary basis. Thereafter, the applicant worked under the supervision and Page 11 of 14 12 O.A.No. 200/00789/2019 guidance of executive of SMS-3. The applicant was permanently re-deployed in the department along with many others vide order dated 16.05.2019 (Annexure A-2). On his permanent absorption in SMS-3 department, his service conditions have not been altered and he will continuously be governed under the same rules/regulations under which he was earlier governed. Neither his pay nor seniority or promotion will also be affected adversely or altered by way of this redeployment.
20. Before deploying the applicant permanently in SMS
-3 department, the respondent department has made the applicant to work under the supervision of executive of SMS-3 and the applicant has been permanently deployed in the department.
21. So far his service condition is concern, that remains unchanged including seniority or promotion etc. and the applicant is not going to be affected adversely in any manner.
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22. So far Standing order 23 is concern, the only rider for transfer is that the employees may be transferred due to the exigencies of work from one work, department, section or job to another, provided that the pay, grade, continuity and conditions of service of the employee are not adversely affected by such transfer and provided also that if an employee is transferred from one job to another, the job should be of similar nature and such as he is capable of doing.
23. In the instant case, the applicant is not going to be affected in any manner. The only rider that if an employee is transferred from one job to another, that should be of similar nature and capable of doing. The respondent department has taken care of this Standing order 23, which is clear as per reply filed by the respondent department that initially the applicant was appointed on temporary basis and has worked under the supervision of the executive of the SMS-3 and after satisfactory and successful performance the applicant has been permanently deployed Page 13 of 14 14 O.A.No. 200/00789/2019 in the SMS-3. On this count we do not find any reason to interfere with the orders of the respondent department.
24. In view of the above, the Original Application is dismissed. No order as to costs.
(Ramesh Singh Thakur) (Navin Tandon)
Judicial Member Administrative Member
rn
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