Central Administrative Tribunal - Patna
Priya Ranjan vs Defence on 4 September, 2025
1 OA No. 1000/2024 & OA 13/2025
CENTRAL ADMINISTRATIVE TRIBUNAL
PATNA BENCH, PATNA
OA No.050/01000 of 2024 with OA 050/00013/2025
Reserved on: 01st September,2025
Pronounced on: 04th September, 2025.
CORAM
HON'BLE MR. KUMAR RAJESH CHANDRA, MEMBER [A]
HON'BLE MR. RAJVEER SINGH VERMA, MEMBER [J]
OA No.050/01000 of 2024
Om Prakash Son of Sri Ram Kishun Singh, Senior Auditor (Group-
B, Non-Gazetted), Account No.8335638, Office of the Controller
of Defence Accounts, Rajendra Path, Patna-800019, Resident of
Hanuman Path (G-5), Chandmari Road, Patna-800020 (Bihar).
.......... Applicant.
By Advocate: - Shri M.P. Dixit.
-Versus-
1. The Union of India Through the Secretary, Ministry of Defence,
Government of India, New Delhi 110001.
2. The Controller General of Defence Accounts, Ulan Batar Road, Palam,
Delhi Cantonment, Delhi 110010.
3. The Controller of Defence Accounts, Ministry of Defence, Government
of India, Rajendra Path, Ρatna 800019 (Bihar).
........ Respondents.
By Advocate: -. Shri T.N. Thakur, ld. Sr. CGSC.
OA No.050/00013/2025.
Priya Ranjan Son of Late Rajeshwar Prasad, Senior Auditor (Group-B,
Non-Gazetted), Account No.8320208, Office of The Senior Accounts
Officer, Local Audit Office (A), Danpaur Cantt, Under the Controller of
Defence Accounts, Rajendra Path, Patna-800019, Resident of Shivpuri
Chitkohra, PO-Anisabad, District-Patna-800002 (Bihar).
.......... Applicant.
By Advocate: - Shri M.P. Dixit.
-Versus-
1. The Union of India Through the Secretary, Ministry of Defence,
Government of India, New Delhi 110001.
2. The Controller General of Defence Accounts, Ulan Batar Road, Palam,
Delhi Cantonment, Delhi 110010.
3. The Controller of Defence Accounts, Ministry of Defence, Government
of India, Rajendra Path, Ρatna 800019 (Bihar).
........ Respondents.
By Advocate: -. Shri T.N. Thakur, ld. Sr. CGSC.
Digitally signed by BINAY PRASAD
DN: C=IN, O="CENTRAL ADMINISTRATIVE
TRIBUNAL, PATNA BENCH", OU=GOVT,
BINAY Phone=
2db6d8b108d2bae82a01fa1fc5ce9758c97b40589
0ef4c43b51f869dc13facc6, PostalCode=800001,
S=Bihar, SERIALNUMBER=
ba6d24fe3a3da3c5ae56c854485bed4fb22387b16
PRASAD
d77535b5f4b8222f07dde3c, CN=BINAY PRASAD
Reason: I attest to the accuracy and integrity of
this document
Location:
Date: 2025.09.09 11:19:39+05'30'
Foxit PDF Reader Version: 2025.2.0
2 OA No. 1000/2024 & OA 13/2025
ORDER
Per:- Kumar Rajesh Chandra, Member [A]
1. Since, the reliefs sought in the above two OAs are similar and counsel for applicants and counsel for respondents in the above two OAs are same, we have decided to dispose of these OAs by a common order.
2. OA No. 1000/2024 has been filed seeking the following reliefs:
"8.1 That your Lordships may graciously be pleased to declare the impugned order dated 29.11.2024 qua the applicant as contained in Annexure A/1 as null, void, ab initio wrong, per- se illegal, arbitrary and in violation of the para-8.4 of the Transfer Policy dated 28.03.2014 in relation to the transfer of the JCM/ROC Member of All India Defence Accounts Employees Association (AIDAEA).
8.2 That your Lordships may graciously be pleased to quash and set aside the impugned order dated 29.11.2024 qua the applicant as contained in Annexure A/1 being the JCM/ROC Member of All India Defence Accounts Employees Association (AIDAEA), Main Office, Patna in terms of para-8.4 of the Transfer Policy dated 28.03.2014. 8.3 That your Lordships may graciously be pleased to direct/command the respondents to allow the applicant to continue at his present place of posting at Patna granting exemption in terms of the Transfer Policy dated 28.03.2014 without any disturbance. 8.4 Any other relief or reliefs including the cost of the proceeding and all consequential benefits may be allowed in favour of the applicant. 8.5 That Your Lordships may be pleased to quash and set-aside the order dated 21.01.2025 as contained in Annexure- A/6, qua applicant."
3. OA No. 13/2025 has been filed seeking the following reliefs:
"8.1 That your Lordships may graciously be pleased to declare the impugned order dated 29.11.2024, qua the applicant as contained in Annexure A/1 as null, void, ab initio wrong, per- se-illegal, arbitrary and in violation of the Transfer Policy dated 28.03.2014. 8.2 That your Lordships may graciously be pleased to quash and set aside the impugned order dated 29.11.2024 qua the applicant as contained in Annexure A/1. 8.3 That your Lordships may graciously be pleased to direct/command the respondents to allow the applicant to continue at his present place of posting at Danapur granting exemption in terms of the Transfer Policy dated 28.03.2014 without any disturbance. 8.4 Any other relief or reliefs including the cost of the proceeding and all consequential benefits may be allowed in favour of the applicant. 8.5 That Your Lordships may be pleased to quash and set-aside the order dated 21.01.2025 as contained in Annexure- A/6, qua applicant."
4. OA No. 1000/2024 has been taken as a lead case in this order.
5. Brief facts of the case of the applicant as narrated by the applicant in the OA are as follows:-
Digitally signed by BINAY PRASAD
DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=GOVT, BINAY Phone= 2db6d8b108d2bae82a01fa1fc5ce9758c97b40589 0ef4c43b51f869dc13facc6, PostalCode=800001, S=Bihar, SERIALNUMBER= ba6d24fe3a3da3c5ae56c854485bed4fb22387b16 PRASAD d77535b5f4b8222f07dde3c, CN=BINAY PRASAD Reason: I attest to the accuracy and integrity of this document Location:
Date: 2025.09.09 11:19:39+05'30' Foxit PDF Reader Version: 2025.2.0 3 OA No. 1000/2024 & OA 13/2025
(i) Applicant was initially appointed on 09.07.2003 as Auditor, Pay & Accounts Office (Ors), MRC, Saugar and remained there till 30.06.2009. He was transferred on 09.07.2009 at PAO (Ors) MRC, SPC Ramgarh and remained 30.06.2011 and again transferred on 01.07.2011 to LAO (A), Ramgarh and remained there till 31.05.2013. He was again transferred on 01.06.2013 at AAO (I/P) Siliguri (West Bengal) and remained till 30.09.2016. He is again transferred on 10.10.2016 to MO, CDA, Patna (Bihar) and still serving there.
(ii) The applicant is a primary member of recognized Association namely All India Defence Accounts Employees Association (AIDAEA), holding the post of ROC Member (JCM- IV), Main Office, CDA, Patna.
(iii) That respondents have issued one Transfer Policy-2014 dated 28.03.2014 wherein para-8.4 stipulates about transfer/posting of JCM/ROC Members. Respondents' authorities have circulated the list of Regional Office Council Member here in after JCM-IV level for the Council at CDA, Patna on 10.01.2023 in which the name of applicant is at serial No.5, this list is valid up to November 2025, hence, in terms of para-8.4 of the said Transfer Policy, 2014 applicant is eligible for exemption from out station transfer.
(iv) Respondents have issued impugned order dated 29.11.2024 (Annexure-A/1) whereby applicant has been transferred from Patna to Pune, which is against Para-8.4 of the Transfer Policy dated 28.03.2014 as contained in Annexure-A/2. Digitally signed by BINAY PRASAD DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=GOVT, BINAY Phone= 2db6d8b108d2bae82a01fa1fc5ce9758c97b40589 0ef4c43b51f869dc13facc6, PostalCode=800001, S=Bihar, SERIALNUMBER= ba6d24fe3a3da3c5ae56c854485bed4fb22387b16 PRASAD d77535b5f4b8222f07dde3c, CN=BINAY PRASAD Reason: I attest to the accuracy and integrity of this document Location:
Date: 2025.09.09 11:19:39+05'30' Foxit PDF Reader Version: 2025.2.0 4 OA No. 1000/2024 & OA 13/2025
(v) Counsel for applicants has referred the ad-interim order passed in the similar matter by Hon'ble High Court of Kolkata in WPA No. 798/2024. (Annexure-A/4 series).
(vi) Applicant submitted representation on 04.12.2024 for cancelling the transfer order in the light of order passed in the similar issue by Hon'ble High Court of Kolkata in WPA No. 798/2024. (Annexure-A/4 series).
(vii) It is also stated by the learned counsel for applicants that impugned order dated 29.11.2024 has been assailed by one Sri Janardan Das, placed at serial No. 123, before Hon'ble CAT, Kolkata vide OA No. 1849 of 2024 on the basis of same order passed by Hon'ble Kolkata High Court in terms of Para-8.4 of said Transfer Policy dated 28.03.2014 and thereafter ad-interim order was granted on 06.12.2024 for not giving effect of transfer order dated 29.11.2024 qua that applicant.
(viii) Additionally, applicant in OA No. 13/2025 has stated that he has two minor daughters aged about 17 and 09 years respectively and registration of his elder daughter for examination of Class XII has already been completed and his younger daughter is studying in III and both are taking their education at Patna, hence his case is also covered with para-8 (iv) of the said transfer policy. That applicant himself is suffering from cervical spondylosis, straightening of lumbar curvature and insomnia for long time and he himself required family support but he has been transferred 1800 Km away at Pune. It is also stated that in view of para-8.2 & 8.3 of Digitally signed by BINAY PRASAD DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=GOVT, BINAY Phone= 2db6d8b108d2bae82a01fa1fc5ce9758c97b40589 0ef4c43b51f869dc13facc6, PostalCode=800001, S=Bihar, SERIALNUMBER= ba6d24fe3a3da3c5ae56c854485bed4fb22387b16 PRASAD d77535b5f4b8222f07dde3c, CN=BINAY PRASAD Reason: I attest to the accuracy and integrity of this document Location:
Date: 2025.09.09 11:19:39+05'30' Foxit PDF Reader Version: 2025.2.0 5 OA No. 1000/2024 & OA 13/2025 the said Transfer Policy dated 28.03.2014 which grant exemption/relaxation from transfer on the ground of spouse as the wife of applicant namely Sonam is Assistant Teacher Girls Primary School, Minyachak, Patna under the Government of Bihar. He has also submitted representation on 12.12.2024 before the respondent authorities in this regard.
(ix) The representations of the applicants have been rejected vide order dated 21.01.2025 (Annexure-A/6).
6. Respondents have filed their written statements wherein they have stated that Transfer orders in respect of 37 officials, who are serving at Patna station for more than 05 years have been issued, including the applicants. These officials have been serving at Patna for more than 05 years. They have been transferred to the station as per administrative decision.
7. It is also stated by the respondents that regarding exemption claimed on ground of holding the post of ROC Member (JCMIV), Main Office, CDA Patna of AIDAEA Kolkata, it is stated that the recognition of the association had already lapsed on 11.06.2022. Therefore, applicants are not entitled to any exemption from transfer based on their membership. On 29.11.2024, i.e. date of issue of transfer order, AIDAEA Kolkata has no such recognition. Applicant is a Group 'B' officer and as per GOI, MOD OM dated 10/06/1999 ceases to participate in JCM Council (Annexure-R/2).
8. Rejoinder has been filed by the applicants wherein following points have been made: -
Digitally signed by BINAY PRASAD
DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=GOVT, BINAY Phone= 2db6d8b108d2bae82a01fa1fc5ce9758c97b40589 0ef4c43b51f869dc13facc6, PostalCode=800001, S=Bihar, SERIALNUMBER= ba6d24fe3a3da3c5ae56c854485bed4fb22387b16 PRASAD d77535b5f4b8222f07dde3c, CN=BINAY PRASAD Reason: I attest to the accuracy and integrity of this document Location:
Date: 2025.09.09 11:19:39+05'30' Foxit PDF Reader Version: 2025.2.0 6 OA No. 1000/2024 & OA 13/2025
(i) In reply to the statement made by the respondents in WS, that Recognition of continuation of the association, AIDAEA (HQ) Kolkata had expired on 11.06.2022 and the statement that Group-B employees are not eligible to participate in JCM, it is stated by the counsel for applicants that these are misleading statements and suppression of basic facts which is evident from orders passed on 18.12.2024 (Annexure-P/2) and 13.10.2023 (Annexure-P/3). It is further stated that continuation of the recognition of the Association is valid till 11.06.2027 in view of para-3 of said order which reads as: "The continuation of recognition shall be valid for a further period of 05 (five) years beyond the date of expiry of period of last recognition i.e. w.e.f. 12.06.2022 to 11.06.2027".
(ii) It is also stated by the counsel for applicants that as per para- 8.4 of transfer policy that employee/group-B officers if Members of JCM nominated by the recognized HQrs Association either participate in the JCM or not, is entitled for the purpose of exemption from transfer till 30.11.2025. It is also further clarified vide para-(a), (b) and (d) of order dated 13.10.2023 that JCM Members whether he participates in JCM or not, has no adverse effect from exemption from transfer till 30.11.2025. Para-(a) of the said order dated 13.10.2023 also speaks that "As per para-8.4, members of JCM nominated by the recognized HQrs Association are exempted from transfer for so long as they hold these memberships except for administrative exigency." Para-1 (d) of said Clarification speaks that "As per (a) and (b) both categories are exempted from transfer".
Digitally signed by BINAY PRASADDN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=GOVT, BINAY Phone= 2db6d8b108d2bae82a01fa1fc5ce9758c97b40589 0ef4c43b51f869dc13facc6, PostalCode=800001, S=Bihar, SERIALNUMBER= ba6d24fe3a3da3c5ae56c854485bed4fb22387b16 PRASAD d77535b5f4b8222f07dde3c, CN=BINAY PRASAD Reason: I attest to the accuracy and integrity of this document Location:
Date: 2025.09.09 11:19:39+05'30' Foxit PDF Reader Version: 2025.2.0 7 OA No. 1000/2024 & OA 13/2025
(iii) Learned counsel for applicants also gives examples of Shri Anirudh Prasad, SA, Shri Anil Kumar Suryabanshi, General Secretary and Shri Bikesh Verma who are Member/President of the Association and staying at CDA, Patna for more than 5-6 years but they have not been transferred only on the ground of being Member of the Association.
9. Respondents have filed reply to rejoinder filed by the applicant wherein it has been stated that the service associations may get recognized under CCS (RSA) Rules 1993 and represent before the concerned administrative authorities. However, group 'B' employees of the organization were not covered under JCM scheme in terms of Brochure on JCM scheme and related orders issued by Government of India. Transfer of Shri Anirudh Prasad, Senior Auditor was cancelled being Chairman of the Branch Association of AIDAA (CB) Pune in CDA Patna. Shri Anil Kumar Suryabanshi, Senior Auditor was General Secretary of AIDAA (CB) Pune in CDA Patna. He was exempted from transfer. Shri Bikesh Verma Senior Auditor was General Secretary of the Branch Association of AIDAEA (HQ) in CDA Patna.
10. We have heard the submissions made by the rival parties and also perused the materials available on record.
11. The main contentions of the counsel for applicants against the impugned transfer order dated 29.11.2024 (Annexure-A/1) is that being a primary Member of Association namely All India Defence Accounts Employees Association (AIDAEA), holding the post of ROC Member (JCM-IV), Main Office, CDA, Patna they are eligible for exemption from Digitally signed by BINAY PRASAD DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=GOVT, BINAY Phone= 2db6d8b108d2bae82a01fa1fc5ce9758c97b40589 0ef4c43b51f869dc13facc6, PostalCode=800001, S=Bihar, SERIALNUMBER= ba6d24fe3a3da3c5ae56c854485bed4fb22387b16 PRASAD d77535b5f4b8222f07dde3c, CN=BINAY PRASAD Reason: I attest to the accuracy and integrity of this document Location:
Date: 2025.09.09 11:19:39+05'30' Foxit PDF Reader Version: 2025.2.0 8 OA No. 1000/2024 & OA 13/2025 out station transfer in terms of para-8.4 of the Transfer Policy, 2014 dated 28.03.2014. Additionally, applicant in OA No. 13/2025 has taken the ground of registration of his elder daughter for examination of Class XII at Patna, his medical condition and on the ground of spouse as the wife of applicant namely Sonam is Assistant Teacher Girls Primary School, Minyachak, Patna under the Government of Bihar in terms of para-8.2 & 8.3 of the said Transfer Policy dated 28.03.2014.
12. Learned counsel for respondents in their written statement has taken mainly two grounds. First ground is that recognition of Association, namely All India Defence Accounts Employees Association (AIDAEA) was already lapsed on 11.06.2022, therefore, exemption from transfer being ROC Member does not apply to these applicants. Secondly, the applicants are Group 'B' Officers and as per GOI, MoD OM dated 10.06.1999 the Group 'B' Officers ceases to participate in JCM Council. (Annexure-R/2).
13. From perusal of order dated 18.12.2024 (Annexure-P/2 of rejoinder), it is clear that continuation of the recognition of the Association is valid till 11.06.2027 in view of para-3 of said order which reads as: "The continuation of recognition shall be valid for a further period of 05 (five) years beyond the date of expiry of period of last recognition i.e. w.e.f. 12.06.2022 to 11.06.2027". Para 8.4 of the said Transfer Policy 2014, dated 28.03.2014 speaks that Members of Joint Consultative Machinery nominated by the recognized HQrs Associations will be exempted from transfer for so long as they hold these memberships except administrative exigency. Respondents have filed WS Digitally signed by BINAY PRASAD DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=GOVT, BINAY Phone= 2db6d8b108d2bae82a01fa1fc5ce9758c97b40589 0ef4c43b51f869dc13facc6, PostalCode=800001, S=Bihar, SERIALNUMBER= ba6d24fe3a3da3c5ae56c854485bed4fb22387b16 PRASAD d77535b5f4b8222f07dde3c, CN=BINAY PRASAD Reason: I attest to the accuracy and integrity of this document Location:
Date: 2025.09.09 11:19:39+05'30' Foxit PDF Reader Version: 2025.2.0 9 OA No. 1000/2024 & OA 13/2025 on 01.01.2025 but they have suppressed the order dated 18.12.2024 (Annexure-P/2) in the WS.
14. Regarding second ground of non-participation of Group 'B' Officers in JCM Council, learned counsel for the applicants has produced letters dated 17.04.2025 and 13.05.2025 issued by Controller General of Defence Accounts whereby it is directed to convene JCM level-IV(ROC) meetings with participation of Group 'B' (Provisionally) and Group 'C' members subject to final outcome of the case pending before the Hon'ble High Court of Kolkata. Hence, in view of aforesaid letters applicants can participate in JCM level-IV (ROC) meetings. It is also observed that in the matter of Shri Anirudh Prasad, SA and Shri Anil Kumar Suryabanshi, General Secretary who are Member/President of the Association have not been transferred only on the ground of Member of the Association. Therefore, there is discrimination in regard to the case of the applicants.
15. In view of aforesaid discussions and observations, both OAs are allowed and disposed of accordingly. Impugned order dated 29.11.2024 (Annexure-A/1) and order dated 21.01.2025 (Annexure-A/6) are hereby quashed and set aside.
16. No order as to costs.
[Rajveer Singh Verma] [Kumar Rajesh Chandra]
Member [J] Member [A]
BP/-
Digitally signed by BINAY PRASAD
DN: C=IN, O="CENTRAL ADMINISTRATIVE
TRIBUNAL, PATNA BENCH", OU=GOVT,
BINAY Phone=
2db6d8b108d2bae82a01fa1fc5ce9758c97b40589 0ef4c43b51f869dc13facc6, PostalCode=800001, S=Bihar, SERIALNUMBER= ba6d24fe3a3da3c5ae56c854485bed4fb22387b16 PRASAD d77535b5f4b8222f07dde3c, CN=BINAY PRASAD Reason: I attest to the accuracy and integrity of this document Location:
Date: 2025.09.09 11:19:39+05'30' Foxit PDF Reader Version: 2025.2.0