Central Administrative Tribunal - Chandigarh
Mes 314253 Arun Sagar S/O Sh. Daya Sagar ... vs Union Of India Through Secretary on 3 April, 2012
CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH BENCH CHANDIGARH O.A.NO. 896/CH/2011 Decided on: 03.04.2012 Coram: Honble Mr. Justice S.D. Anand, Member (J) MES 314253 Arun Sagar S/o Sh. Daya Sagar aged about 52 years, presently working as Assistant Engineer (Civil) and posted as Assistant Garrison Engineer under GE(P), Chandigarh. .Applicant Versus
1. Union of India through Secretary, Ministry of Defence, North Block, New Delhi.
2. Director General Personnel (EIB), Military Engineer Services, Engineer-in-Chiefs Branch, Integrated HQ of MOD (Army), New Delhi -110011.
3. Chief Engineer, Hqrs, Western Command, Chandimandir- 900136.
4. Garrison Engineer (P) Chandimandir.
..Respondents Present: Mr. Jagdeep Jaswal, counsel for the applicant Mr. K.K. Thakur, counsel for the respondents Order (Oral) BY HONBLE MR. JUSTICE S.D. ANAND, MEMBER(J)
1. It is beyond the pale of controversy that Annexure A-10 documents the policy instructions which may govern various posting-related eventualities involving couples. The contingencies envisioned include an eventuality where one spouse is a member of Central Civil Services; whereas the other is a member of State Services. Clause 5 of Annexure A-10 (Office Memorandum issued by the Govt. of India Ministry of Personnel, Public Grievances and Pension, DOP&T) indicates that the Cadre Controlling Authority should strive to post the employee at the station of the spouse and in case of inability to do so, specific reasons, therefor, may be communicated to the employee.
2. There is no controversy that no conscious decision in the context of provision aforementioned has been taken by the Cadre Controlling Authority.
3. The O.A. shall stand disposed of, accordingly, with a direction to the Cadre Controlling Authority concerned to re-visit the grievance of the applicant and take a view in the light of item no. 5 of the O.M. aforementioned (Annexure A-10)
4. The competent authority may, in that context, take into consideration the averment made by the applicant herein that there are people younger in age to him who ought to be considered for hard station-posting in the first instance. The exercise must be concluded within one month from today. The applicant will stand protected till then.
5. Disposed of accordingly.
6. Dasti.
(JUSTICE S.D. ANAND) MEMBER (J) PLACE: Chandigarh Dated: 03.04.2012 mw
- 3- O.A. No. 896/CH/2011