Central Administrative Tribunal - Delhi
V.K.Bhambani vs Union Of India Through on 20 March, 2012
Central Administrative Tribunal Principal Bench, New Delhi O.A.No.4100/2011 New Delhi this the 20th day of March, 2012 Honble Dr. A.K. Mishra, Member (A) V.K.Bhambani, H.No.2538, Street No.11, Behari Colony, Sahadara Delhi-110032. Applicant. (By Advocate: Shri V.S.R.Krishna) Versus Union of India Through 1. The Secretary, Ministry of Earth Sciences, Mahasagar Bhawan, Block No.12, CGO Complex, Lodhi Road, New Delhi. 2. The Director, Ministry of Earth Sciences, Mahasagar Bhawan, Block No.12, CGO Complex, Lodhi Road, New Delhi. 3. Ms.Vasudha Gupta, Director (Estt.), Ministry of Earth Sciences, Mahasagar Bhawan, Block No.12, CGO Complex, Lodhi Road, New Delhi. Respondents. (By Advocate: Shri R.N.Singh) ORDER (ORAL)
This OA has been filed challenging the transfer order dated 24.12.2010 by which he was transferred from NCMRWF, Noida/Estt. (Reserve) and posted at the Centre for Living Resources and Ecology (CMLRE), Kochi and the order dated 10.01.2011 by which his representation dated 28.12.2010 against the transfer was rejected and he was relieved from his assignment.
2. At the time of hearing, learned counsel for the applicant submits that the applicant is a member of Central Secretariat Stenographers Service (CSSS) and the DoP&T is the cadre controlling authority for him. He was promoted to the rank of Steno Grade C (PA) in the erstwhile Ministry of Science & Technology and taken on the strength of the Ministry of Earth Sciences on 01.10.2007. He was posted to NCMRWF, Noida and was working at that office. His services were placed at the disposal of Ministry of Home Affairs on 15.11.2010 (Annexure A-2). The Ministry of Home Affairs (MHA) did not accept it on the ground that the DoP&T is the cadre controlling authority and the Respondent-Ministry had no authority to place the services of the applicant with MHA (vide their letter dated 23.11.2010 at P.17). Thereafter, the applicant was posted to CMLRE, Kochi. The applicant made a representation against the transfer on 08.03.2011 (Annexure A-3) on which apart from other personal grounds he had mentioned that there was no sanctioned post of Stenographer Grade C in CMLRE, Kochi against which a member of CSSS could be posted.
3. Learned counsel for the applicant submits that the respondent authority is not competent to post a member of CSSS to any post, which is not within the Ministry but belongs to other attached offices or subordinate offices not encadred for the purpose of posting a member of CSSS. He submits that the grievance of the applicant will be redressed in case the present OA is treated as a supplementary representation with regard to his grievance particularly in respect of the legal ground raised about validity of the impugned transfer order to CMLRE, Kochi and decide, according to rules in consultation with the DoP&T, which is the cadre controlling authority.
4. Learned counsel for the respondents submits that the earlier representation dated 28.12.2010 of the applicant had been considered and rejected by the impugned order dated 10.01.2011. He draws my attention to the averment of the respondents at para 4 (iii) of the counter reply in which it is stated in clear terms that the CMLRE, Kochi is an attached office under the Ministry of Earth Sciences and further officers posted there belong to CSS/CSSS/CSCS cadres and there was no illegality in posting the applicant at CMLRE, Kochi. Further, he also mentions that admittedly the applicant was working at NCMRWF, Noida for 1 = years as per his own statement made in the representation dated 08.03.2011. In other words, the applicant had no objection to work in one attached office at Noida but he is raising the dispute about legality of his transfer to another attached office at Kochi. As regard non-availability of post, he draws my attention to the transfer order dated 24.12.2010 where it has been mentioned that one sanctioned post of PA (Steno Grade C), available at NCMRWF, Noida would be operated from CMLRE, Kochi. This has been done by way of administrative arrangement in public interest.
5. Learned counsel for the applicant again draws my attention to para 4 (iii) of the counter reply and submits that the officers borne in the cadre of CSS/CSSS/CSCS of the Ministry of Earth Sciences are guided by the DoP&T, which is the cadre controlling authority.
6. I have heard the learned counsel for the parties and gone through the records. It is the admitted position that the applicant is a member of the CSSS cadre for which the DoP&T is the cadre controlling authority. The applicant has been allotted to the Ministry of Earth Sciences and has been working in a post belonging to an attached office of the Ministry of Earth Sciences. The only legal issue is whether the applicant could be posted on a post, which is administratively transferred from Noida to CMLRE, Kochi and whether an officer of the cadre could be transferred against a post which is not encadred. The learned counsel for the applicant submits that this is the main ground which has been taken in the present OA. It is also seen from the office order dated 24.12.2010 that the post, which was originally sanctioned for NCMRWF, Noida, is now sought to be operated by the CMLRE, Kochi on administrative ground. It is not established whether the post whether belonging to NCMRWF or now operated from CMLRE is an encadred post or not for CSSS officers.
7. In view of the submission made by the learned counsel for the applicant, the Respondent No.1 is directed to treat this OA as a supplementary representation of the applicant and decide the issue in consultation with the DoP&T, if considered appropriate, within a period of six weeks from the date of receipt of a copy of the order. The applicant is also at liberty to file another comprehensive representation, if he so chooses to do within one week. The OA is disposed of accordingly. No costs.
(Dr.A.K.Mishra) Member (A) /kdr/