Central Administrative Tribunal - Mumbai
Neera Rani vs Personnel Public Grievances on 27 April, 2026
1
OA No.452/2025
CENTRAL ADMINISTRATIVE TRIBUNAL
MUMBAI BENCH, MUMBAI.
ORIGINAL APPLICATION No.452/2025
Date of Decision:27.04.2026.
Coram: Hon'ble Shri Justice M.G. Sewlikar, Member (J)
Hon'ble Shri Sangam Narain Srivastava, Member (A)
Smt. Neera Rani, Age 55 years,
Working as Assistant Maintenance Engineer,
Office of Films Division, Mumbai,
Residing at 2802, Bldg. No. 207, Sector 3, CGS Colony,
Antop Hill, Mumbai 400 037.
Mob. 9869001585. Email: [email protected].
.... Applicant
(By Advocate Shri Vicky Nagrani)
VERSUS
1. The Union of India,
Through the Secretary, Ministry of Personnel
Public Grievances & Pensions (DoPT), 3rd Floor,
Lok Nayak Bhavan, Khan Market,
New Delhi 110 003.
2. The Secretary,
Ministry of Information & Broadcasting,
A Wing, Shastri Bhavan, New Delhi 110 001.
3. Regional Officer,
Central Board of Films Certification,
24, Dr. G. Deshmukh Marg, Mumbai 400 026.
Digitally signed by Deepti Ganesh Munarshi
DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone=
270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=
Maharashtra, SERIALNUMBER=
Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh
Munarshi
Reason: I am the author of this document
Location:
Date: 2026.04.30 12:45:05+05'30'
Foxit PDF Reader Version: 2024.3.0
2
OA No.452/2025
4. Director (G) & Head of Office,
Geological Survey of India, Central Region,
Seminary Hills, Nagpur 440 006. ... Respondents
(By Advocate Mrs. N.V. Masurkar)
ORDER (ORAL)
Per: Sangam Narain Srivastava, Member (A)
The applicant has filed the present Original Application seeking the following reliefs:
"8a. This Hon'ble Tribunal may graciously be pleased to call for the records of the case from the Respondents and after examining the same quash and set aside the order dated 13.05.2025 with all consequential benefits.
8b. This Hon'ble Tribunal may further be pleased to direct the Respondents to consider the Applicant's redeployment as per the Central Civil Services (Redeployment of Surplus Staff), Rules 1960 and DOPT OM dated 30.09.2009 with all consequential benefits.
8с. Costs of the application be provided for. 8d. Any other and further order as this Hon'ble Tribunal deems fit in the nature and circumstances of the case be passed".
Digitally signed by Deepti Ganesh Munarshi
DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.04.30 12:45:05+05'30' Foxit PDF Reader Version: 2024.3.0 3 OA No.452/2025
2. The interim relief of the following nature is also sought:
"9a. Pending the hearing and final disposal of this Original Application, the respondents be directed to maintain status quo qua the applicant.
9b. Ad-interim orders in terms of prayer clause
(a) above may be granted."
3. Subsequently, by way of an amendment, the following prayer was inserted:
"8(aa) This Hon'ble Tribunal may further be pleased to quash and set aside order dated 18th June, 2025 and direct the respondents to consider the aspect of spouse posting as envisaged in the Scheme and accordingly consider the appointment of the applicant within the ambit of the scheme with all consequential benefits."
3.2 The prayer for interim relief was also modified as under:-
"9(aa) Pending the hearing and final disposal of the Original Application the order dated 18th June, 2025 be stayed and the applicant be allowed to continue in Surplus Establishment Cell, Films Division, Mumbai".
4. The facts are that the applicant is a B. Tech in Electrical Engineering and was appointed as Assistant Maintenance Engineer Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.04.30 12:45:05+05'30' Foxit PDF Reader Version: 2024.3.0 4 OA No.452/2025 in 1995 with the Film Media Unit of the Ministry of Information and Broadcasting. Subsequently, an administrative decision was taken by the Ministry of Information and Broadcasting to merge the Film Media Unit into NDFC, and the applicant was declared surplus. The applicant was transferred to the Division of Retraining and Redeployment in DoPT for suitable redeployment. 4.2 It is contended by the applicant that she was the senior-
most in Level 6 amongst the persons declared surplus. However, her juniors, also belonging to the unreserved category, have been considered for redeployment and have been retained in Mumbai. The applicant, though senior-most in Level 6, was not considered, for posting, while the juniors were considered for redeployment and posted in Mumbai vide orders dated 07th February, 2025 and 11th March, 2025. The applicant made a representation requesting that she be considered for redeployment and retention at Mumbai on 22nd April, 2025, wherein she relied on the ground of spouse posting. The representation was decided vide order dated 13th May, 2025 intimating that the allocations are made only through Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.04.30 12:45:05+05'30' Foxit PDF Reader Version: 2024.3.0 5 OA No.452/2025 Redeployment and Surplus Management System (RSMS) portal. The applicant was also informed that she had been allotted her preferred State of Maharashtra and that further posting in the offices located in the assigned State does not come under the purview of DoPT. She was further informed that the concerned Ministry/Department/offices has the onus and responsibility to issue the letter(s) for the posting of such redeployed employees at any of their offices located in that particular State. The applicant was also informed that the Revised Redeployment Scheme, 1989 does not contain any provision for considering requests for posting to a specific district or city within the preferred State and, therefore, redeployment exclusively in Mumbai was not tenable. 4.3 The applicant submitted another representation on 14th May, 2025, pointing out that her husband was working with the Films Division as Maintenance Engineer and, due to a pending case, had been retained in Mumbai and not declared surplus.
Subsequently, vide order dated 18th June, 2025, the applicant was posted to Nagpur with the Ministry of Mines. Amendments to the Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.04.30 12:45:05+05'30' Foxit PDF Reader Version: 2024.3.0 6 OA No.452/2025 OA were made on account of this subsequent order. 4.4 It is the contention of the applicant that she was declared surplus on account of merger and application for redeployment was to be made online on the RSMS portal, which was being used for the first time. It is further contended that there was no option of city; the only option available to applicants was with regard to State. It was further submitted that the RSMS portal does not provide any details to be filled-in with regard to spouse.
It was further submitted that the redeployment has to be strictly as per seniority, which has not been considered in her case. Despite being senior-most in Level 6, orders dated 07th February, 2025 and 11th March, 2025 were issued, which included the applicant's juniors but not the applicant. These juniors were accommodated at DGFT Mumbai, while the request of the applicant, despite being senior, was not accommodated.
5. After notice, the respondents filed their reply and contested the Original Application.
Digitally signed by Deepti Ganesh Munarshi
DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.04.30 12:45:05+05'30' Foxit PDF Reader Version: 2024.3.0 7 OA No.452/2025 5.2 It is submitted by the respondents that the Department of Personnel and Training is concerned with the acceptance of Central Government employees, who have been declared surplus in the Central Ministries/Departments/Organizations, and their subsequent redeployment as per the provisions of the Revised Redeployment of Surplus Staff Scheme, 1989 and the Central Civil Services (Redeployment of Surplus Staff) Rules, 1990. 5.3 It is further submitted that RSMS online platform was launched on 08th June, 2023 to facilitate the Departments/Offices of Government of India to report and accept surplus employees as per the provisions of the revised scheme for redeployment of surplus staff, 1989. It was explained that redeployment is done against the direct recruitment posts. It was also submitted that as a consequence of the administrative decision of the Ministry of Information and Broadcasting to merge the erstwhile Film Media Units viz. Films Division, DFF and NFAI, into the National Film Development Corporation Ltd. (NFDC), 152 eligible surplus employees, including the applicant were accepted on the surplus Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.04.30 12:45:05+05'30' Foxit PDF Reader Version: 2024.3.0 8 OA No.452/2025 rolls of Retraining and Redeployment division of DoPT.
5.4 It was submitted that all surplus employees from the erstwhile Film Media Units, including both technical and non-
technical categories, were under a uniform frame work. The applicant was redeployed through RSMS for the post of Assistant in the Pay Level-6 in the Ministry of Mines. The redeployment had been made in keeping with her choice for the State of Maharashtra. The redeployment of the applicant to the Ministry of Mines is totally digital. Allegations of arbitrariness or favouritism are, therefore, without basis.
5.5 It was further submitted that the applicant's contention of juniors being considered for redeployment and retained in Mumbai is without any basis. The juniors, Shri K. Chandrasekaran and Shri Rajesh K Padewal, were selected for the post of Section Head in the DGFT, Department of Commerce in Maharashtra and, therefore, it would be incorrect to suggest or claim that these surplus employees were redeployed in Mumbai.
Digitally signed by Deepti Ganesh Munarshi
DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.04.30 12:45:05+05'30' Foxit PDF Reader Version: 2024.3.0 9 OA No.452/2025 5.6 It was further submitted that the Revised Redeployment Scheme, 1989, does not provide for consideration of requests for posting to a particular city or district within a preferred State. It is further explained that the redeployment process under the RSMS portal is governed by objective matching criteria based on available vacancies and the employee's profile, without manual intervention for city-specific preferences. 5.7 It was also submitted that the applicant had already been redeployed to a post in her preferred State i.e., Maharashtra and, that the demand of exclusive posting at Mumbai is outside the scope of the prevailing scheme and cannot be accommodated. It is further submitted that the DoPT has not re-deployed/retained any surplus employee in Mumbai. It was explained that the subsequent posting/transfer of the redeployed employees is the subject matter of the receiving Ministry/Department concerned and not the DoPT and, therefore, in the case of the applicant, it would be the subject matter of the Ministry of Mines, where the surplus employees have been redeployed; as it would be of the DGFT to post redeployed Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.04.30 12:45:05+05'30' Foxit PDF Reader Version: 2024.3.0 10 OA No.452/2025 employees (juniors) to any station within the allotted State.
5.8 It is further submitted that the contention that the DoPT Memorandum dated 30th September, 2009 on spouse posting has not been adhered to is wrong and incorrectly projected. It is submitted that the applicant's spouse, Shri J. Rajaselvanathan, is a surplus employee involved in an ongoing court case and has not yet been accepted onto the central surplus rolls, as per established norms that exclude employees with pending court or vigilance matters.
5.9 It was further submitted that the provisions regarding spouse posting cannot be invoked until the name of the spouse is formally included in the surplus rolls. Application of the said instructions at this stage does not arise. It was further explained that one of the objectives of the Redeployment of Surplus Staff Revised Scheme, 1989, is to arrange alternative placement for the staff identified as surplus on a most expeditious basis, so that they do not constitute an infructuous burden upon the exchequer.Digitally signed by Deepti Ganesh Munarshi
DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.04.30 12:45:05+05'30' Foxit PDF Reader Version: 2024.3.0 11 OA No.452/2025
6. We have heard the learned counsel for the applicant and the learned counsel for the respondents and have perused the pleadings and documents available on record.
7. It is the contention of the applicant that the re-deployment has to be made on the basis of seniority in the original cadre and since the applicant was senior-most amongst Level-6 officials, her case should have been considered before her juniors. It is also contended by the applicant that her husband works in the same Ministry and has not been considered for surplus staff and presently posted in Mumbai, and therefore, on spouse ground, the applicant should have been retained in Mumbai in terms of DoPT OM in this regard. The applicant has further stated that the juniors were deployed vide orders dated 07th February, 2025 and 11th March, 2025 whereas the applicant, although senior, has been deployed only on 18th June, 2025. Her representations to be retained in Mumbai have not been considered and when considered for redeployment, she has been posted to a non-technical post which could have been done along with her Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.04.30 12:45:05+05'30' Foxit PDF Reader Version: 2024.3.0 12 OA No.452/2025 juniors in which case she would have been posted to Mumbai.
8. It was also contended by the applicant that RSMS online portal is being used for the first time and, therefore, it does not take all details for e.g., Spouse, choice of city, etc., in absence of which redeployment has not been made properly or in accordance with the rules.
9. It is further contended by the applicant that she was not redeployed according to her seniority as being technical personnel, the applicant's redeployment was delayed as the respondents wish to place her to a technical post. However, they have ultimately posted her to a non-technical post which could have been done in the first instance itself in which case she could have been posted to Mumbai under DGFT.
10. The respondents contend that there is no provision in the scheme or rules for choice of city. The applicant is to be deployed according to her choice of State given in the proforma. It was further submitted that there is no manual intervention but the whole process is done through digital means. It was submitted that Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.04.30 12:45:05+05'30' Foxit PDF Reader Version: 2024.3.0 13 OA No.452/2025 the DoPT, which is responsible for redeployment, allocates the State to which the surplus employees would be redeployed to. Thereafter, the recipient organization allocates the office and the city to which the sur-plus employees will be posted.
11. It was submitted that the DoPT has no role to play in allocating the city. As regards spouse ground raised by the applicant, it was submitted that the spouse of the applicant has not been transferred to the surplus cell because the rules restrict person having court case or vigilance to be transferred to the surplus cell and, therefore, spouse ground cannot be applied in the case of the applicant. The objectives of the scheme were also referred to by the respondents. It was further submitted by the respondents that the applicant could have been posted to lower post but having better qualifications, she has been posted as Assistant and not to a lower post.
12. As regard this contention of the applicant, the respondents state that, the applicant being a B. Tech Graduate and operating in the technical domain, matching redeployment was Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.04.30 12:45:05+05'30' Foxit PDF Reader Version: 2024.3.0 14 OA No.452/2025 being explored, which, not having materialized, she has been posted to a non-technical post thereafter. In support of their contention, the respondents brought to our notice OM dated 24th June, 2025 more, specifically paragraphs 2, 3 and 4, which are reproduced below:
"2. As has been observed, in the process of redeployment, surplus technical staff often face a significantly longer waiting period owing to the limited number of requisitions received for technical posts. In contrast, non- technical posts are reported with greater regularity, resulting in relatively quicker redeployment of non-technical surplus staff. This variance between the availability of surplus technical staff and the comparatively lower number of technical requisitions has resulted in bottlenecks in their redeployment, leading to a slower pace than that of non- technical surplus employees. It is important to ensure that the pace of redeployment remains comparable across both technical and non-technical categories to maintain fairness and optimize resource utilization.
3. In order to address this situation and augment the pace of redeployment of Non- Gazetted technical surplus employees, it has been decided and accordingly operationalized in the existing RSMS platform-that surplus technical personnel may also be considered for Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.04.30 12:45:05+05'30' Foxit PDF Reader Version: 2024.3.0 15 OA No.452/2025 redeployment against non-technical vacancies reported to the Central Surplus Cell. This decision, duly approved by the competent authority, has already been in effect through procedural implementation and has contributed positively to the redeployment efforts of such surplus employees. Further, while effecting such redeployment, due consideration is being given to the essential qualifications and skill requirements prescribed for the non-technical posts. In simpler terms, in the matching of technical surplus staff to non-technical posts, only those surplus employees who possess the requisite qualifications and/or skills are being considered. This approach ensures that redeployment is undertaken fruitfully and punctiliously, in a manner that respects both the administrative intent and operational integrity of the scheme.
4. This decision shall apply to the Non- Gazetted surplus staff only. Furthermore, it may also be stated that the redeployment of technical surplus employees against non- technical posts will be undertaken strictly in accordance to seniority, subject to eligibility. And, this measure is intended to supplement the existing process, whereby such employees will continue to be considered for redeployment against technical posts as and when these are reported to the Department."
13. On the basis of the above, it was submitted that the matching criteria is to be followed for deployment of surplus Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.04.30 12:45:05+05'30' Foxit PDF Reader Version: 2024.3.0 16 OA No.452/2025 technical staff.
14. It was argued by the learned counsel for the respondents that, at the time of redeployment of the juniors, the applicant was ineligible for the non-technical posts. It was also argued that RSMS portal operates on an objective mechanism based on seniority and eligibility, and the allegations of manual intervention or favouritism are entirely baseless. With regard to the reliance on the OM dated 24th June, 2025, it was submitted by the learned counsel for the applicant that the posting of technical staff to non-technical posts has come from the date of OM i.e., 24th June, 2025. However, the applicant had already been posted to a non-technical post with the Geological Survey of India (GSI) on 18th June, 2025, which was not proper.
15. We have given thoughtful consideration to the submissions made by the learned counsel for the applicant and learned counsel for the respondents.
Digitally signed by Deepti Ganesh Munarshi
DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.04.30 12:45:05+05'30' Foxit PDF Reader Version: 2024.3.0 17 OA No.452/2025
16. The Scheme for redeployment of surplus staff was initially brought out by the respondents in 1966. In the 1966 scheme, surplus staff was required to be retrenched, in case, redeployment was not done within a period of six months of being declared surplus if suitable matching post could not be located for redeployment. However, in 1989, the said scheme was revisited and a revised scheme was adopted. In the revised scheme, the retrenchment clause was removed i.e., the scheme was made more beneficial to the surplus employees. However, one of the objectives of the redeployment scheme was that the surplus staff be redeployed on an expeditious basis to avoid underutilization and undue financial burden on the exchequer. The scheme also envisages that all surplus staff be given the option of voluntary retirement and redeployment be done of only those, who do not opt for voluntary retirement. Therefore, once having opted for the surplus cell, the employee gets bound by the rules framed therein.
17. Although, it was pleaded by the respondents that once they allocate the State of posting to the surplus staff, they have no Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.04.30 12:45:05+05'30' Foxit PDF Reader Version: 2024.3.0 18 OA No.452/2025 role to play, but the scheme and the accompanying rules show that the cell has the details of the vacancies which are informed to it by the respective Ministries/Departments/Organizations, etc., so much so that direct recruitment can only be done by the respective Ministries/ Departments/Organizations after obtaining non- availability of suitable candidates with the surplus/central cell (Clause 7.1 of Scheme page 109). Further, it is the cell which recommends the names to the receiving Ministries/ Departments/Organization along with the posts, who are then required to accept or object within a month and thereafter, in case of no objections, issue posting orders (Rule 5, page 134). From what we understand of the working of the scheme, the Central Cell has the details of the surplus employees and the vacancy position with respect to direct recruitment in the various Ministries/ Departments/Organizations. The Central Cell does the suitability matching and allocates the posts and the departments to the surplus staff. This is forwarded to the said department along with the rider that they should be accommodated in the State allocated Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.04.30 12:45:05+05'30' Foxit PDF Reader Version: 2024.3.0 19 OA No.452/2025 to these employees. Once accepted by the receiving organization, the final posting orders and, therefore, the actual city/office of posting are determined by the receiving organization, and the Central Cell in the DoPT has no say in respect of city/office.
18. Again, we observe that there is no principle of seniority in the allocation that is required to be followed as per the rule/ scheme in allotments. We could not find any such specific clause. As this was one of the grounds of the applicant, he was asked to show the rule in this regard. However, it was submitted that since this has not been refuted by the respondents, it has to be taken as acceptance of principle of seniority in allotment. We are not able to bring ourselves to agree with this preposition of seniority in allotment - Not only for the reason that it is not mentioned anywhere in the scheme, but if applied, then the principle of suitability matching cannot be applied. As an employer, the respondents want to fill the vacant posts with the most suitable persons, for which they cannot be faulted. If the logic of seniority has to be applied, then the exercise of suitability and matching of Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.04.30 12:45:05+05'30' Foxit PDF Reader Version: 2024.3.0 20 OA No.452/2025 person to the vacancy will become non-workable. The prerogative of an employer to post an employee, more so a surplus employee, to a suitable post cannot be taken away. On the same logic of suitability, the Technical to Technical and Non-Technical to Non- Technical to the extent possible, is built into the scheme, although it is not specifically mentioned therein. Again, it would not be mandatory to follow this principle of Technical to Technical and Non-Technical to Non-Technical, as the respondents have to balance it with the objective of avoiding wasteful, unproductive expenditure on the exchequer for delayed redeployment. In essence, the respondents as employer had the prerogative of posting surplus employees to any available post.
19. From the OM of 24th June, 2025, it is clear that efforts were being made to match Technical to Technical and Non- Technical to Non-Technical. However, requisitions for technical posts were limited and, therefore, redeployment of technical staff was at a slower pace. To ensure optimum resource utilization and fairness in the pace of redeployment of both technical and non- Digitally signed by Deepti Ganesh Munarshi
DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.04.30 12:45:05+05'30' Foxit PDF Reader Version: 2024.3.0 21 OA No.452/2025 technical surplus employees, technical personnel may also be deployed against non-technical vacancies. It further goes to state that this decision, duly approved by the competent authority, has already been in effect through procedural implementation and has contributed positively to the redeployment efforts of such surplus employees. This only shows that this OM dated 24th June, 2025 is clarificatory in nature and the system of Technical to Non- Technical was in existence from before only and needed to be followed. It also mentioned that such redeployment of technical surplus employees against non-technical posts will be undertaken strictly in accordance to seniority. This is the only place where seniority has been mentioned and, read in the context of the subject of the OM, the seniority referred here is basically the seniority amongst the technical surplus employees.
20. Further, from the scheme and rules framed, it is clear that there is no option in the scheme at all about posting to a particular city. The option is to be exercised with respect to the State where the person was working or wants to settle, and there is Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.04.30 12:45:05+05'30' Foxit PDF Reader Version: 2024.3.0 22 OA No.452/2025 no guarantee of allocation of such State on redeployment. The allocation of State will depend upon the vacancies available for redeployment. In the 1966 Scheme, there was no possibility of a readjustment after redeployment. However, in the 1989 Scheme which is in effect now, there is a possibility of readjustment after redeployment in certain situations which are outlined in Rule 6, page 135, which include redeployment on a lower pay post and non-deployment to the State of choice etc., but it is categorically mentioned therein that no request for adjustment in a particular district or town or department or post shall be entertained (Rule 6
(g), page 136).
21. It is to be appreciated that the respondents are trying to keep the surplus staff on the rolls despite abolition of posts manned by the surplus staff and any demand in the nature of city/department/post etc., has to be considered in that background.
22. Further it has been satisfactorily explained why the spouse clause of the DoPT cannot be operated in the case of the Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.04.30 12:45:05+05'30' Foxit PDF Reader Version: 2024.3.0 23 OA No.452/2025 applicant. The applicant was transferred to the Surplus Cell, whereas the spouse has not been accepted by the Surplus Cell, having been found ineligible. Whether this is on correct facts or not is not an issue before us and we do not wish to dwell on it.
23. In this regard, our attention was invited by the applicant's counsel to paras 3.11 of Annexure A-I of Scheme (page
119) where there is reference to the spouse in the scheme to buttress its claim that spouse ground needs to be considered for redeployment. We observe that the said clause is to offer an option to the spouse, not declared surplus, to opt for being transferred to the Surplus Cell, may be to accommodate them together by operating the DoPT OM, but in the case of the applicant, once the spouse is ineligible for the surplus cell for reasons of clearance, this cannot apply. When both spouses are in surplus cell, they could both be accommodated to a common place, which could be any place, not necessarily a choice of their choosing and, therefore, not pose any hinderance in the operation of the Scheme. But the spouse of the applicant is ineligible and the DoPT OM will not operate in their Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.04.30 12:45:05+05'30' Foxit PDF Reader Version: 2024.3.0 24 OA No.452/2025 case. Here, in the case of the applicant, ineligibility of the spouse to be taken advantage of under the protection of the OM of DoPT.
24. We further find that the DoPT OM requires the spouses to be placed together, but this is subject to administrative feasibility and eligibility. It is not an absolute right. As can be seen from the discussion above, in the case of the applicant, it was not administratively feasible as the applicant's spouse was not eligible for Surplus Cell.
25. The learned counsel for the respondents during the course of hearing informed that the spouse of the applicant is to retire in June, 2026. The DoPT OM is only to mitigate hardship which would not exist in the case of the applicant in any case after this date.
26. We find that there was no reference to the seniority clause in the scheme or the rules framed therein; at least none was shown to us. However, the seniority clause could operate within the technical surplus employees to operate the scheme in a transparent manner to the extent of redeployment of Technical to Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.04.30 12:45:05+05'30' Foxit PDF Reader Version: 2024.3.0 25 OA No.452/2025 Non-Technical post. The scheme does not envisage posting to a city; the only option available is with respect to State. The applicant has been allotted the State of her choice. The spouse ground does not operate in the case of the applicant for reasons discussed above. We have further held that there was no bar on the respondents redeploying a surplus technical staff to a non-technical post. The respondents have the right, as an employer, to redeploy persons according to suitability and, therefore, it was well within their right to allocate surplus technical employee to a technical post and to wait for such a vacancy to arise and after passage of reasonable time redeploy the employee to non-technical post but this is required to be done in accordance with the seniority amongst the surplus Technical employees. We, therefore, do not find any arbitrariness in the action of the respondents to redeploy her with the Geological Survey of India who have in turn posted her to Nagpur. The applicant has been posted in the same scale and in the State of her choice. She has not been placed in a lower pay scale, which is a possibility on redeployment. We, therefore, find no Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.04.30 12:45:05+05'30' Foxit PDF Reader Version: 2024.3.0 26 OA No.452/2025 reason to interfere in the orders of the respondents.
27. The Original Application, being devoid of merit, is accordingly dismissed. Interim order, if any, stands vacated.
28. Pending MAs, if any, stand closed. No order as to costs.
(Sangam Narain Srivastava) (Justice M.G. Sewlikar)
Member (A) Member (J)
dm.
Digitally signed by Deepti Ganesh Munarshi
DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.04.30 12:45:05+05'30' Foxit PDF Reader Version: 2024.3.0