Central Administrative Tribunal - Allahabad
Gaurav Pandey Son Of Late R.D. Pandey ... vs Union Of India And Ors. Wherein And ... on 3 November, 2011
(OPEN COURT) CENTRAL ADMINISTRATIVE TRIBUNAL ALLAHABAD BENCH ALLAHABAD ALLAHABAD this the 03rd of November 2011. Present: Honble Mr. Justice B.N Shukla, Member (J) ORIGINAL APPLICATION NO. 1345 OF 2011 1. Gaurav Pandey son of late R.D. Pandey presently posted as AFO (Tele) Officer of Divisional Organizer SSB Raniket. 2. Manoj Kumar Yadav son of Prabhu Nath Yadav, presently posted as AFO (Tele) Office of Assistant Commanded SSB C- Company Suiyatal Baghaura, District Shravasti. 3. Nitai Chaudhari son of Nirpada Chaudhari, presently posted as AFO (Tele) in the office of Divisional Organizer 5th Battalions SSB Lakhimpur Kheri. Applicants. VE R S U S 1. Union of India through its Secretary Ministry of Home Affairs, North Block, New Delhi. 2. Director General, Force Headquarters, Shashastra Seema Bal (SSB), East Block, V.R.K. Puram, New Delhi-110066. ..Respondents Advocate for the applicant: Sri R.P. Dubey Advocate for the Respondents : Smt. Poonam Singh O R D E R
This O.A. has been filed by the applicants against the action of the respondents, by which Civil Staff of the Shashastra Seema Bal (SSB) working as A.F.O. (Tel) are being transferred to Battalions while applicants are non-combatized (Civil Staff) personnel governed by separate CCS Rules and are bound to move with Battalions or rotational transfer to new location without completion of posting tenure as per CCS Rules.
2. Heard Shri R.P. Dubey counsel for the applicant and Smt. Poonam Singh counsel for the respondents and perused the record.
3. It is submitted that in similarly placed matter, there is judgment of this Tribunal passed in O.A. NO.1032/09 Sri Anirudh Sharma and Ors. Vs. Union of India and Ors. wherein and whereby O.A. of the applicants were allowed and respondents were directed not to transfer the applicants from their working post and transfer order was quashed and set aside and the applicants should be posted to their original place of posting like of non-combatized staff. Direction was also issued for framing necessary rules within 6 months from the date when copy of this order was produced before the authorities.
4. I have gone through the order of the Tribunal passed in O.A. NO. 1032/09, the case of the applicant also stand on same footing. Hence O.A. is disposed of at admission stage itself with direction to the respondents not to transfer the applicant from their working post and impugned transfer order shall stand quashed and set aside and the applicants shall be posted to their original place of posting like of non-combatized staff. No costs.
(Justice B.N.Shukla) Member (J) Manish/-
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