Central Administrative Tribunal - Madras
A Panner vs Ut Of Puducherry on 16 August, 2023
1 OA No.310/00479/2023
CENTRAL ADMINISTRATIVE TRIBUNAL
CHENNAI BENCH
OA/310/00479/2023
Dated Wednesday the 16th day of August Two Thousand Twenty Three
CORAM :
HON'BLE MS. LATA BASWARAJ PATNE, Member (J)
A.Panner,
Assistant Motor Vehicle Inspector,
Oulgaret RTO,
Transport department,
Puducherry ... Applicant
By Advocate M/s. P.V. Rajeswari
Vs
1.The Union of India,
Represented by the Secretary to Government,
Transport Department,
Government of Puducherry,
Puducherry - 605 007.
2.The Deputy Transport Commissioner,
Transport Department,
Government of Puducherry,
Puducherry - 605 007.
3.The Regional Transport Officer (HQ)
Transport Department,
Government of Puducherry,
Puducherry - 605 007. ... Respondents
By Advocate Mr. R. Syed Mustafa
2 OA No.310/00479/2023
ORAL ORDER
(Pronounced by Hon'ble Ms. Lata Baswaraj Patne, Member(J)) By this OA the applicant is praying for the following reliefs:
"to call for the records of the 2nd respondent in its proceedings No.7210TD/ESTT/TEA-1/2023/102 dated
02.06.2023 and quash the same in so far as the applicant is concerned and pass such other order or orders as may be deemed fit and thus render justice."
2. The brief facts of the case in nutshell is as under:
On 11.11.1986 applicant joined duty as Mechanic and later on 02.05.1995 got promotion as master Mechanic. On 19.7.2004 applicant got further promoted as Assistant Motor Vehicle Inspector. The applicant worked in various unit of Transport department at various sections i.e. LLR and Licence Section, Enforcement Section, Accident for the past 10 years. During 2.8.2018 the applicant was posted in enforcement section and he worked for nearly three years. It was only during 2021, he was posted in LLR, Driving Licence related service. While that so, the applicant got severely affected by nervous disorder and is presently under very vigorous treatment. But, unfortunately by order dated 2.6.2023 he is now again posted in Enforcement section without taking into account of his illness. The applicant being the senior most officer in this Grade, suffering from very serious medical ailment have approached this court 3 OA No.310/00479/2023 challenging the above said impugned order.
3. After notice the respondents have appeared through their counsel and filed their detailed reply and opposes the relief on the ground that cause shown by the applicant not to act in accordance with the said transfer order is an after thought. Moreover though there are 16 sanctioned posts only 3 officers are working and 13 are vacant. With the due availability incumbent in the post of Junior Engineer /Assistant Motor Vehicle Inspector, the Transport Department is struggling a lot in enforcing Motor Vehicles Act 1988 and carrying out the registration of new vehicles and subsequent services like renewal, transfer of ownership, etc as well as grant of Learner's and Driving licenses and subsequently services like renewal, addition of class of vehicles, change of address, etc. and imposing penalty on defaulters and fines on the violators of the Act. Out of this three available officers in the said Department, two officers of the Transport Department will proceed on retirement due to superannuation during the month of October 2023 and November 2023 and the applicant who will also retire due to superannuation during the month of May 2024.
Being a public service oriented Department and in order to cater to the public services without any deficiency, break, lagging and criticism, the Department has to allocate the work among the available 3 number of officers. Thereby following with the routine procedure by its office order no. 7210/TD/Estt./TEA-1/2023/102 dated 02.06.2003 of the Transport 4 OA No.310/00479/2023 Department, Government of Puducherry was issued assigning additional duties among the existing officers and due to administrative reason as a stop gap arrangement, the RTO , Unit Office functioning at Thirubhuvanai has been shifted to premises of RTO Office, Oulgaret, Kamaraj Salai, Puducherry and therefore the duties allocated to the present officers has to be re-allocated. Accordingly the applicant was assigned with the duties of Enforcement of Oulgaret and Puducherry along with other available Officers, vide Office Order dt. 02.06.2023 of the Transport Department, Government of Puducherry.
4. The respondents further contended that the applicant has never acknowledged the said office order dated 02.06.2023 and from 09.06.2023 onwards he has availed leave till 23.06.2023. However the applicant was also allotted seat in RTO office, Oulgaet, Kamaraj Salai, Puducherry.
5. Moreover the OA referred by the applicant in the present OA are not relevant to the applicant's case at all. The respondents further contend that Junior Engineer /Assistant Motor Vehicle Inspector has to perform their duty by assessing and collecting and tax in respect of Transport and Non- Transport Vehicles, to issue check reports to the erring vehicles and to collect penalty/compounding fees as per Rules. As such, the Enforcement duty performed under the Motor Vehicles Act, 1988 has a greater emphasis on the post of Junior Engineer/Assistant Motor Vehicle Inspector and the major revenue generated by this Department is due to duties performed by 5 OA No.310/00479/2023 the incumbents in the said statutory posts.
6. Heard both sides. Perused the OA and other connected records.
7. Learned counsel for the applicant submits that the applicant who had joined the service in the office of the respondent way back in the year 1986 as a Mechanic and later on he has been promoted to the subsequent post. Presently he is working a s Assistant Motor Vehicle Inspector on his promotion. Since 2018 the applicant was working in the Enforcement Section and almost he has worked there for 3 years. When he was working in the said post in the year 2021 he got severally affected by nervous disorder and he is presently taking very vigorous treatment. However by order dated 02.06.2023 the applicant has been again posted in Enforcement Section without taking into account of his illness. The applicant being senior most officer in this grade suffering from very serious medical ailment and unable to perform the duties since his leg has been severely affected and as per the job profile of the said duties he has to stand for long hours. Though the applicant has made request to the respondents along with supporting medical documents so far the respondents have not considered the same.
8. Learned counsel for the respondents vehemently opposes the argument laid by the learned counsel for the applicant and submitted that due to exigencies of manpower the applicant has assigned with the said duties. As regards the medical ground raised by the applicant in his OA is 6 OA No.310/00479/2023 an after thought. When he has submitted his leave applications on 08.06.2023, 13.06.2023, 14.06.2023 nowhere he has mentioned about his nervous disorder. However on 19.06.2023, first time he has mentioned about the illness that is too without supporting any of the medical documents which will show that his legs have been affected because of the nervous disorder. Moreover whatever medical certificates relied by the applicant annexed to the OA nowhere in the said certificates the Doctor has observed about the said illness.
9. Learned counsel for the respondents further submits that the applicant is doing the said duties from 2018 and for the first time he was coming with excuses on the medical ground. Looking into the exigencies of service and acute shortage of non availability of officers to perform the said duties the applicant have been assigned the said duties. Therefore the applicant is not entitled for any relief.
10. It is to be noted that the admittedly the applicant who is performing the said duties from 2018 onwards. Moreover the medical documents relied upon by the applicant does not show any opinion of the doctor that he is suffering with nervous disorder and that is issued by the private doctors.
11. It is to be noted that the applicant himself has submitted some of the leave application which is annexed to the respondents reply wherein he has not mentioned about this illness though he was taking the treatment 7 OA No.310/00479/2023 from so called private doctors from the month of May. Only for the first time on 19.06.2023 the applicant is taking the plea in respect of this illness about nervous disorder. It is to be noted that transfer is incident of service and it is the prerogative of the respondent department to take the services of the employees in the exigencies. If at all the applicant is suffering with any such nervous disorder he can approach to the Government doctors for further necessary treatment. In view of the same I do not find any merit in the mater hence no interference is called for.
12. OA is dismissed. No order as to costs.
(Lata Baswaraj Patne) Member (J) 16.08.2023 AS