Central Administrative Tribunal - Gauhati
Shri K Ramesh Babu Idse vs Defence on 26 February, 2025
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CENTRAL ADMINISTRATIVE TRIBUNAL
GUWAHATI BENCH
Original Application No. 040/00047/2025
Date of order: This, the 26th day of February 2025
HON'BLE MR. M.L. SRIVASTAVA, ADMINISTRATIVE MEMBER
Between:
MES No. 190113
Shri K Ramesh Babu IDSE
Son of Late Syambabu Kuchanapall
Garrison Engineer, Rangia
Military Engineer Services
Post Office - Rangia (R/S)
District - Kamrup, Assam, Pin - 781365.
...Applicant
By Advocate: Sri Adil Ahmed, Ms. Doli Goswami,
Ms. Roselin Lokra and Ms. S. Das
- Versus -
1. The Union of India
Represented by the Secretary
To the Government of India
Ministry of Defence, South Block
New Delhi, Pin - 110011.
2. The Engineer-in-Chief
Military Engineer Services
Integrated Head Quarter
Ministry of Defence (Army)
Kashmir House, Rajaji Marg
New Delhi, Pin - 110011.
3. The Director General (Personal)
Military Engineer Services
O.A. No. 040/00047/2025
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Integrated Head Quarter
Ministry of Defence (Army)
Kashmir House, Rajaji Marg
New Delhi, Pin - 110011.
...Respondents
By Advocate: Sri R. Hazarika, Addl. CGSC
ORDER (ORAL)
PER MR. M.L. SRIVASTAVA, MEMBER (A):
The instant O.A. has been filed by the applicant seeking for the following relief (s): -
"8.1] To direct the Respondents to modify/amend the impugned Promotion-cum-Postings Order of Executive Engineer (EE) to Superintending Engineer (SE) Order bearing No. 70001/SE/53/2025 dated 12.02.2025 in case of the Applicant under Serial No. (K) and to allow the Applicant to continue in North Eastern Region till completion of his Tenure.
8.2] To direct the Respondents to allow the Applicant to be deemed to be complete the Tenure Station at Rangia, Assam and allow him to put his preference of 3 (three) choice station i.e. i) Vizag, ii) Hyderabad, iii) Guwahati.
8.3] To pass any other appropriate relief (s) as may be deem fit and proper by the Hon'ble Tribunal.
8.4] To pay the cost of the application."
2. Shri Adil Ahmed, learned counsel for applicant and Shri R. Hazarika, learned Addl. CGSC for respondents are present.
O.A. No. 040/00047/2025 3
4. Learned counsel for the Applicant submits that Applicant is presently working as Garrison Engineer, Rangia, Assam since 02.11.2023 and yet to complete minimum 2 (two) years Tenure at his present place of posting (NE Region) as he has completed 15 (fifteen) months only. However, before completion of his normal tenure at Rangia, he has been posted to Office of the Chief Engineer, Udhampur Zone as Director in the rank of Superintendent Engineer under Promotion-cum-Posting vide Order dated 12.02.2025 from Garrison Engineer, Rangia, Assam.
5. Learned counsel for the Applicant further submits that as per Cadre Management of MES Civilian Officers:
Guidelines, Para 19 (b), "An officer is liable to serve at least in one tenure station in each rank'. As the Applicant has been transferred to Udhampur from Rangia and if he will leave NE Region at this stage without completing 2 years tenure in NE Region, then he may have to come again to O.A. No. 040/00047/2025 4 NE Region to complete his mandatory one tenure posting requirement.
6. Learned counsel for the Applicant further submits that immediately after receipt of Promotion-cum-Posting Order dated 12.02.2025, applicant has submitted a representation on the same day on 12.02.2025 before the Respondent No. 3 with the request to allow him to continue anywhere in NE Region till completion of his tenure as per Office Memorandums dated 14.12.1983 & 22.07.1998 issued by the Government of India, Ministry of Finance, however, the said representation is still pending with the Respondent No. 3.
7. Learned counsel for the Respondent Department submits that it is not a normal transfer. The applicant has been promoted and, on promotion, he has been posted to Udhampur Zone as Director in the rank of Superintendent Engineer. As per the learned Addl. CGSC, there may not be suitable positions vacant in the NE Region. However, he has no objection if the present OA is O.A. No. 040/00047/2025 5 disposed of with a direction upon the respondents to consider the pending representation within a stipulated period of time.
8. In view of the above, with the consent of both sides, this OA is disposed of at this stage with a direction upon the Respondent No. 3 i.e. the Director General (Pers), Military Engineer Services, Integrated Head Quarter, Ministry of Defence (Army), New Delhi to consider the pending representation of the Applicant dated 12.02.2025 (Annexure-A/5) treating this OA as a part of it and dispose of the same by passing a reasoned and speaking order within a period of three months from the date of receipt of a certified copy of this order. Meanwhile, status quo as on today shall be maintained till the communication of the Order to be passed by the respondent No. 3.
9. Applicant is also directed to serve a copy of this O.A. along with copy of this Order to the Competent Authority within a period of ten days.
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10. Accordingly, OA stands disposed of at the admission stage itself with no order as to costs.
(MR. M.L. SRIVASTAVA) PRASANNA Digitally signed by MEMBER (A) PRASANNA BASUMATA BASUMATARY Date: 2025.02.26 RY 15:29:19 +05'30' /PB/ O.A. No. 040/00047/2025