Central Administrative Tribunal - Bangalore
S Venkatesh vs Archaeological Survey Of India on 5 December, 2025
1
OA.No.170/00467/2024/CAT/BANGALORE
CENTRAL ADMINISTRATIVE TRIBUNAL
BANGALORE BENCH, BENGALURU
ORIGINAL APPLICATION NO.170/00467/2024
ORDER RESERVED ON: 28.11.2025
DATE OF ORDER: 05.12.2025
CORAM:
HON'BLE MRS. JUSTICE S. SUJATHA, MEMBER (J)
HON'BLE DR. SANJIV KUMAR, MEMBER (A)
S. Venkatesh
S/o Swaminathan,
Aged about 55 years,
Working as Casual Labour
Temporary Status,
O/o the Senior Conservation Assistant,
Kamalapur Sub Circle,
Hospete Taluk. ... Applicant
(By Advocate Shri B.S. Venkatesh Kumar)
Vs.
1. Union of India represented by
Secretary to Government,
Ministry of Culture,
Shastri Bhavan,
New Delhi - 110 001.
2. The Director General,
Archaeological Survey of India,
Bangalore Circle,
mikashamikasha suneja
CAT Bangalore
2025.12.09
suneja 11:27:35+05'30'
2
OA.No.170/00467/2024/CAT/BANGALORE
Kendriya Sadan, V Floor,
F-Wing, 17th Main,
Koramangala, Bangalore - 560 034.
3. The Superintendent of Archeologist,
Archaeological Survey of India,
No.203, 1st B Cross, Gokulnagar,
Near Saibaba Temple, Hospet - 583 201.
4. The Deputy Superintending Archaeological Engineer,
Office of Superintending Archaeologist,
Archaeological Survey of India,
Hampi Circle, No. 203,
1st Floor, 30th Ward,
Gokulnagar, Hosapete - 583 201. ...Respondents
(By Shri N. Amaresh, Sr. Panel Counsel)
ORDER
PER: DR. SANJIV KUMAR, MEMBER (A)
This OA is filed claiming the following reliefs under Section 19 of the Administrative Tribunals Act, 1985:-
"(a) Call for records of the case from the respondents and on perusal
(b) Quash and set aside the impugned transfer bearing File No. D-42/213/2023-Hampi Circle1750 dated 14.8.2024 (Annexure A1)
(c) Issue a consequential direction to the respondents to continue the applicant in the present place of posting.
mikashamikasha suneja CAT Bangalore 2025.12.09 suneja 11:27:35+05'30' 3 OA.No.170/00467/2024/CAT/BANGALORE
(d) And grant such other order/s as this Hon'ble Tribunal deems fit to grant to the applicant in the circumstances of the case including an order as to costs of this OA."
2. These reliefs are claimed on the grounds as mentioned in para 5.1 to 5.12 as follows:-
"5.1. The impugned transfer order is arbitrary, unjust, illegal and passed by an incompetent authority and, therefore, the same is liable to be quashed and set aside.
5.2. The impugned transfer order is signed by the Deputy Superintending Archeological Engineer stating as that the order is passed for Superintending Archeologist. However, there is no mention that the said order has the approval of the competent authority. The office order appointing the applicant as Temporary Status Casual Labour has been passed by the Superintending Archaeologist. A true copy of the said office order dated 18.7.2023 is produced herewith and marked as ANNEXURE A11. Therefore, the impugned transfer order which is issued by an incompetent authority is liable to be quashed and set aside. 5.3. As can be seen from Annexure A11 the applicant has just put in about a little over one year service in Kamalapur sub circle and the respondents have transferred him out of Kamalapur even mikashamikasha suneja CAT Bangalore 2025.12.09 suneja 11:27:35+05'30' 4 OA.No.170/00467/2024/CAT/BANGALORE though many other employees are working in the same place for well over two decades. Therefore, the impugned transfer order is liable to be quashed.
5.4. The applicant is given the wages at daily rates as can be seen from Annexure A6. Therefore, transferring an employee working as Casual Labourer on daily wage basis is not at all contemplated under the service rules. Therefore, the impugned transfer is illegal and liable to be quashed and set aside.
5.5. The applicant herewith produces a copy of the duty list of Kamalapur sub circle of MTS and TSCL (Temporary Service Casual Labourers) and marks the same as ANNEXURE A12. There are 25 employees including the applicant and his name is at Sl. No.25. He has been granted temporary status only about one year back after considerable struggle for over eight years and is at the bottom of the list. The impugned transfer order is passed only against the applicant without touching any of the other 24 employees who have been working for well over two decades as Casual Labour with Temporary Status. Therefore, it could be seen that the transfer is not in the administrative interest but only for extraneous reasons because the applicant's repeated requests for grant of arrears in terms of the order of this Hon'ble Tribunal. mikashamikasha suneja CAT Bangalore 2025.12.09 suneja 11:27:35+05'30' 5 OA.No.170/00467/2024/CAT/BANGALORE Under the circumstances the impugned transfer order is arbitrary, illegal and unsustainable.
5.6. The applicant is the junior most in the list of 25 employees and even if transfer is to be made the applicant being the junior most should not have been chosen for such transfer. Even from this view of the matter the impugned transfer order is unsustainable. 5.7. The applicant has a family consisting of his aged mother, home maker wife who is not worldly wise and one daughter who is studying in the college. Therefore, at this stage if he is transferred he would find it extremely difficult to maintain two establishments from the meagre salary that he is being paid. 5.8. The mother of the applicant is aged 76 years and is suffering from many illness and is under regular treatment for well over 15 years. A true copy of the medical certificate issued by the treating doctor along with available medical records from the year 2019 onwards is produced herewith and marked as ANNEXURE A13. 5.9. The applicant himself also under regular treatment from Ashwini Hospital, Hosapete and copies of his medical records is produced herewith and marked as ANNEXURE A14. If he is now transferred to a far off place then he would have to come to the mikashamikasha suneja CAT Bangalore 2025.12.09 suneja 11:27:35+05'30' 6 OA.No.170/00467/2024/CAT/BANGALORE Hospital at Hosapete off and on and great prejudice would be caused to him in shuttling between the two places. 5.10. The daughter of the applicant is studying in college and now it is the midst of academic year. The applicant would not be able to get admission in a different college in the transferred place and if the transfer order is given effect his entire family would be in dire strait more so with his aged mother and not worldly wise wife. 5.11. Though the impugned transfer order is dated 14.8.2024 the applicant has not yet been relieved and at presently he is on the rolls of Kamalapur Sub Circle even as on date and being aggrieved by the transfer order he is before this Hon'ble Tribunal. 5.12. Viewed from any angle the impugned transfer order is otherwise arbitrary, unjust and unsustainable and liable to be quashed and set aside."
3. The brief fact of the applicant as made out in the synopsis is following:-
" From 1988 onwards the applicant has been working as casual labourer in the respondent office. When the colleagues of the applicant were granted temporary status and he was denied the same the applicant approached this Hon'ble Tribunal in OA mikashamikasha suneja CAT Bangalore 2025.12.09 suneja 11:27:35+05'30' 7 OA.No.170/00467/2024/CAT/BANGALORE No.117/2016. This Hon'ble Tribunal allowed the OA but the respondents challenged the order in WP No.30249/2019. The Hon'ble High Court remanded the matter and this Hon'ble Tribunal once again allowed the OA by order dated 12.9.2022 directing the respondents to grant temporary status to the applicant and also consider all consequential benefits. The respondents failed to comply with the said order and, therefore, the applicant preferred CP No.7/2023. During the pendency the said Contempt Petition the respondent granted temporary status on 4.7.2023. As the applicant was not granted consequential arrears of pay and other benefits the applicant submitted series of representations and also approached personally to the officers requesting for the same. The respondents were furious on the applicant for repeatedly approaching them and threatened to transfer out of present place of posting. Finally the impugned transfer order has been issued transferring the applicant from Kamalapur to Koppal. Being highly aggrieved by the impugned transfer order bearing File No.D-42/213/2023-Hampi Circle/1750 dated 14.8.2024, a copy of which is produced as Annexure A1 passed by the 3rd/4th respondent the applicant is before this Hon'ble Tribunal in this OA."
mikashamikasha suneja CAT Bangalore 2025.12.09 suneja 11:27:35+05'30' 8 OA.No.170/00467/2024/CAT/BANGALORE
4. On notice, the respondents have filed their reply statement. Further, the applicant has filed his rejoinder. The case came up for final hearing on 28.11.2025. Shri B.S. Venkatesh Kumar for the applicant and Shri N. Amaresh for the respondents were present and heard.
5. We have carefully gone through the entire records and considered the rival contentions.
6. This case is on small compass challenging the impugned order which reads the following:-
"Government of India Ministry of Culture O/o The Superintending Archaeologist Archaeological Survey of India Hampi Circle File No. D-42/213/2023-Hampi Circle/1750 Date: 14.08.2024 OFFICE ORDER Shri S. Venkatesh, TSCL, Kamalapur Sub-Circle is hereby transferred and posted to Koppal Sub-Circle with immediate effect until further order. The above transfer has been made in public interest and due to work exigency and administrative reason.
Sd/-
For Superintending Archaeologist"
mikashamikasha suneja CAT Bangalore 2025.12.09 suneja 11:27:35+05'30' 9 OA.No.170/00467/2024/CAT/BANGALORE
7. One of the arguments put forth is the said order has not been passed by the competent authority. It is signed for Superintending Archaeologist by someone on 14.08.2024. The applicant points out that it is not even said that it is approved by the Superintending archaeologist. We have gone through the said order and it is not clear from the contents of the order dated 14.08.2024 if it was approved by the concerned competent authority. The respondents pointed out that one can see the Note #138 which is filed subsequently with Dispatch No. 1750 dated 14.08.2024 with TOC: 266216/2024 on Hampi Circle, wherein a note has moved from Aman Kumar Shah, Lower Division Clerk on 21.08.2024 at 5:15 p.m. mentioning the following:-
"As per the instruction of the Dy.SAE, Hampi Circle, an office order is prepared wherein Sh. S. Venkatesh, TSCL, Hampi Circle has been transferred to Koppal Sub-Circle with immediate effect.
This is issued to the concernd incumbents after taking the signature from the Dy.SAE, Hampit Circle. This is put up herewith for record and your kind information."
8. After that, in Note #139 it is initialled by one Vinoj Kumar M.T., ASAE (Hampi) telling "for information please"
dated 22.08.2024 at 12:08 p.m. But this does not disclose that it mikashamikasha suneja CAT Bangalore 2025.12.09 suneja 11:27:35+05'30' 10 OA.No.170/00467/2024/CAT/BANGALORE needs any type of approval. It is marked merely for records and information. Further, it goes on 27.08.2024 at 06:27 p.m. before one C. Baranidharan, Dy.SAE (Hampi) wherein a Note #140 he mentions "may be seen and ratified please". Then it goes in Note # 141 on 29.08.2024 at 08:23 a.m. to one Nihil Das, Superintending Archaeologist (Hampi) who writes "rectified" not ratified.
9. Clearly, the impugned order dated 14.08.2024 has been issued much before these notings and on the date this OA is filed on 21.08.2024 the said chain of notings were initiated. So, it appears to be an afterthought. Hence, it appears to us that the impugned order was not approved on 14.08.2024 by appropriate authority who was competent to pass such transfer order. It is a fact that applicant is a TSCL in Kamalapur Sub-Circle and he was earlier working since 1988 as casual worker in respondents' office. And several colleagues of the applicant were granted temporary status but the applicant was denied the temporary status and so he had to approach this Tribunal in OA No. 117/2016; which application was allowed. But the respondents challenged the said order in Writ Petition No. 30249/2019 before the Hon'ble High Court of Karnataka. Hon'ble High Court remanded the matter.
mikashamikasha suneja CAT Bangalore 2025.12.09 suneja 11:27:35+05'30' 11 OA.No.170/00467/2024/CAT/BANGALORE Again, the Tribunal once again after due hearing allowed the OA vide its order dated 12.09.2022 directing the respondents to grant temporary status to the applicant and also to consider all consequential benefits. The respondents failed to comply the said order and therefore, the applicant preferred Contempt Petition No. 07/2023 and during the pendency of the said Contempt, the respondents granted temporary status to the applicant on 04.07.2023. But in spite of that, the applicant was not granted consequential arrears of pay and other benefits. He submitted series of representations, also approached personally to the officers requesting for the same. The respondents were furious on the applicant for repeatedly approaching them and threatened to transfer out from the present place of posting and finally as an alleged punitive measure, the impugned order of transfer has been issued; transferring the applicant from Kamalapur to Koppal. It is not denied that Kamalapur is in the present district of Vijayanagar where most of the Hampi monuments are there and ASI has substantial work, and Koppal is another district with very few Archaeological sites. And being aggrieved by the said order, this OA has been filed.
mikashamikasha suneja CAT Bangalore 2025.12.09 suneja 11:27:35+05'30' 12 OA.No.170/00467/2024/CAT/BANGALORE
10. It is a fact that no rules have been placed before us which may show to us that such casual labourers who were given temporary status (TSCL) could be transferred from one place to another and more so from one district to another. Although it is said that both the transfers are within the jurisdiction of the same Superintending Archaeologist.
11. Along with rejoinder, a list of centrally protected monuments/sites under the jurisdiction of Archaeological Survey of India, Hampi Circle has been annexed as Annexure - R5 wherein it is clearly shown that in Kamalapur about 34 important monuments are there and 104 staff members are working and in Koppal there are 6 monuments and 3 staff members are working.
12. The respondents argued that in Koppal as 6 monuments are there, more staff was required and hence, they have transferred the applicant. Whereas the applicant argued that in Kamalapur Sub-Circle, out of 104 staff members, around 17 TSCL workers are working. The senior most person Smt. Hamavathi and the senior most male person is at Serial No.6, Shri G. Narasimha and the applicant is the 16th person in seniority and there is one more mikashamikasha suneja CAT Bangalore 2025.12.09 suneja 11:27:35+05'30' 13 OA.No.170/00467/2024/CAT/BANGALORE Shri S. Bheema who is junior to him regularized on 21.11.2023, borne on the same list. The applicant was regularized on 10.07.2023. On enquiring from the respondents if they have any policy of whom to transfer if need arises whether it should be arbitrary or any standard should be there, like either the senior most person should be first transferred or the junior most person should go first? Or the person with youngest age who can withstand mobility should go first or the person with higher age should go first? The respondents could not answer, as they had no clear policy on the transfer of Temporary Status Casual Labour (TSCL).
13. Considering the case of the applicant, who is a TSCL, a lowly paid person whose status is at the lowest grade of the administration and pay ladder; as well as considering the circumstances under which he was transferred as he had to file certain Original Application to get himself the temporary status; as well as he had to file Contempt to get the order enforced. And only after filing of the said contempt, the said TSCL order was implemented by the respondent. From the past conduct of the department, in general we get an impression that the department mikashamikasha suneja CAT Bangalore 2025.12.09 suneja 11:27:35+05'30' 14 OA.No.170/00467/2024/CAT/BANGALORE arbitrarily without any clear policy on transfer of TCSL, transferred the applicant as a punitive measure.
14. Further, the applicant has argued that he has an aged mother and homemaker wife and a daughter who is studying in college and if he has to maintain two establishment with his meagre salary of TSCL as well as his family will have to face hardship.
15. The impugned order of transfer dated 14.08.2024 was stayed on the first date of hearing and the said stay continued, and the applicant remained in his place accordingly. Considering the facts of the case and the circumstances of the applicant's above discussed transfer and absence of any clear policy of rules for transfer of TSCL employees, we are of the considered opinion that the impugned transfer order by an authority who was not competent to transfer the applicant, the said order was devoid of merit and is liable to be quashed and set aside as being perverse and arbitrary.
16. Hence, we pass the following orders:-
mikashamikasha suneja CAT Bangalore 2025.12.09 suneja 11:27:35+05'30' 15 OA.No.170/00467/2024/CAT/BANGALORE i. OA is allowed and the impugned order No. D-
42/213/2023-Hampi Circle/1750 dated 14.08.2024 is set aside. The applicant shall be eligible for consequential benefits.
ii. The respondents may work out if they prefer so, a clear policy and guidelines on transfer of TSCL; and effect any such transfer strictly as per rule so made. iii. Accordingly, any MA(s) pending are also disposed of.
iv. No costs.
Sd/- Sd/-
(DR. SANJIV KUMAR) (JUSTICE S. SUJATHA)
MEMBER (A) MEMBER (J)
/ms/
mikashamikasha suneja
CAT Bangalore
2025.12.09
suneja 11:27:35+05'30'