Central Administrative Tribunal - Gauhati
Shri K Ramesh Babu Idse vs Defence on 26 March, 2025
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CENTRAL ADMINISTRATIVE TRIBUNAL
GUWAHATI BENCH
Original Application No. 040/77/2025
Date of order: This the 26th Day of March, 2025
HON'BLE MR M.L. SRIVASTAVA, ADMINISTRATIVE MEMBER
MES No. 190113
Shri K Ramesh Babu, IDSE
Son of Late Syambabu Kuchanapall
Garrison Engineer, Rangia
Military Engineer Services
Post Office - Rangia (R/S)
District - Kamrup, Assam, Pin - 781365.
.......Applicant
-And-
1. The Union of India Represented
by the Secretary To the Government of India
Ministry of Defence, South Block
New Delhi, Pin - 110011.
2. The Engineer-in-Chief
Military Engineer Services,
Integrated Head Quarter
Ministry of Defence (Army),
Kashmir House, Rajaji Marg
New Delhi, Pin - 110011.
3. The Director General (Personal)
Military Engineer Services
Integrated Head Quarter
Ministry of Defence (Army)
Kashmir House, Rajaji Marg
New Delhi, Pin - 110011.
---Respondents
Digitally signed by NENGDEILHEN
SINGSIT
Date: 2025.03.27
16:08:24
+05'30' O.A. No/040/77/2025
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Present:
For applicant(s): Sri A. Ahmed
For respondents: Sri R. Hazarika, Addl. CGSC
ORDER (ORAL)
PER: M.L. SRIVASTAVA, MEMBER (A):
The instant O.A. has been filed by the applicant seeking for the following relief (s): -
"1. To set aside and quash the impugned speaking order dated 07.03.2025 and to direct the respondents to modify/amend the impugned Promotion-cum- Postings Order of Executive Engineer (EE) to Superintending Engineer (SE) Order bearing No. 70001/SE/53/2025 dated 12.02.2025 in case of the Applicant under Serial No. (K) and to allow the Applicant to continue in North Eastern Region till completion of his Tenure.
8.2] To direct the Respondents to allow the Applicant to be deemed to be complete the Tenure Station at Rangia, Assam and allow him to put his preference of 3 (three) choice station i.e. i) Vizag and ii) Hyderabad wherein Director vacancies are available. 8.3] To pass any other appropriate relief (s) as may be deem fit and proper by the Hon'ble Tribunal. 8.4] To pay the cost of the application." Digitally signed by NENGDEILHEN SINGSIT Date: 2025.03.27 16:08:24
+05'30' O.A. No/040/77/2025 3
2. Shri Adil Ahmed, learned counsel for applicant and Shri R. Hazarika, learned Addl. CGSC for respondents are present.
3. Learned counsel for the applicant brought to the notice of this Court that this is the second round of litigation. As per the learned counsel, Applicant is presently working as Garrison Engineer, Rangia, Assam since 02.11.2023 and yet to complete minimum 2 (two) years Tenure at his present place of posting (NE Region) as he has completed 16 months only. However, before completion of his normal tenure at Rangia, he has been posted to the Office of the Chief Engineer, Udhampur Zone as Director in the rank of Superintendent Engineer under Promotion-cum-Posting vide Order dated 12.02.2025 from Garrison Engineer, Rangia, Assam. Being aggrieved, he filed one O.A No. 47/2025 before this Tribunal, which was disposed of vide Order dated 26.02.2025 with a direction upon the Respondent No. 3 i.e. Digitally signed by NENGDEILHEN SINGSIT Date: 2025.03.27 16:08:24 +05'30' O.A. No/040/77/2025 4 the Director General (Pers), Military Engineer Services, Integrated Head Quarter, Ministry of Defence (Army), New Delhi to consider the pending representation of the Applicant dated 12.02.2025 (Annexure-A/5) treating the said OA as a part of it and dispose of the same by passing a reasoned and speaking order within a period of three months.
4. In compliance of the aforesaid Order of this Tribunal dated 26.02.2025, the respondent authorities vide Order dated 07.03.2025 passed a speaking order, whereby the representation of the Applicant was rejected and directed to proceed with the new place of posting in Udhampur as per the earlier transfer order.
5. Learned counsel again brought to the notice of this Court that the Applicant has served only for 16 months at the present place of posting and after completion of 2 years, he will attain a right for consideration of choice posting and, therefore, he may be accommodated for Digitally signed by NENGDEILHEN SINGSIT Date: 2025.03.27 16:08:24 +05'30' O.A. No/040/77/2025 5 further 6 months in the North Eastern Region, for which, Applicant had filed a DO Letter dated 28.01.2025 with a request to accommodate him in any one of the choice station either in (i) Guwahati or in (ii) Shillong or in (iii) Missamari. He also cited the earlier Order of the Tribunal dated 26.02.2025 wherein the places of choice posting were directed to be considered by the respondent authorities in the right spirit.
6. Sri R. Hazarika, Learned Addl. CGSC for the Respondents submitted that the Applicant has been transferred on the ground of promotion and at the current place of posting, which is at Rangia, there is no vacancy available for the Applicant to be accommodated i.e to the post of Director level position. The Authorities have considered his case and, accordingly in the interest of administration, he has been transferred at the new place of posting, which is Udhampur from Rangia. Digitally signed by NENGDEILHEN SINGSIT Date: 2025.03.27 16:08:24
+05'30' O.A. No/040/77/2025 6
7. However, learned counsel for the Applicant further has brought to the notice of this Tribunal on para 4.8 to the O.A. wherein he categorically mentioned that vide Posting Order dated 12.02.2025, total 11 numbers of Officers in the rank of Executive Engineer (SG) of MES had been promoted to the rank of Superintending Engineer and out of that, 06 officers were posted in their earlier respective place with a direction to continue in their Tenure Station. However, in case of the present Applicant, he has not been directed to continue in any Tenure Station under NE Region for completion of 2 years as per MES Guidelines and Office Memorandum issued by the Ministry of Finance, Government of India.
8. Learned counsel also referred the O.M No. 20014/3/83-E.IV dated 14.12.1983 as amended from time to time including OM No. 11(5)2008-E.II(B) dated 29th August, 2008 wherein it has been mentioned that "Representation against posting:, the posting orders will Digitally signed by NENGDEILHEN SINGSIT Date: 2025.03.27 16:08:24 +05'30' O.A. No/040/77/2025 7 be uploaded on MES website after issue. Representations against posting, if any, will be processed as under:
(a) Representations must reach Directorate Gen of Personnel, E-in-C's Branch duly recommended by CE Comd. Within thirty days of issue of posting...."
Accordingly, a letter dated 28.01.2025 was submitted by the Applicant before the Respondent No. 3, wherein he requested to retain within North East Region to complete his balance tenure. The same was also sent through Email on 05.02.2025. However, the said letter is still pending before the Respondent No. 3.
9. Heard the learned counsels for both the parties, perused the documents enclosed with the OA.
10. It is noted that on earlier occasion, against the Promotion-cum-Posting Order dated 12.02.2025, Applicant approached this Tribunal vide O.A. No. 47/2025. Said O.A. was disposed of vide Order dated 26.02.2025 and directed the Respondent No. 3 i.e. the Director Digitally signed by NENGDEILHEN SINGSIT Date: 2025.03.27 16:08:24 +05'30' O.A. No/040/77/2025 8 General (Pers), Military Engineer Services, Integrated Head Quarter, Ministry of Defence (Army), New Delhi to consider the pending representation of the Applicant dated 12.02.2025 (Annexure-A/5) treating the said OA as a part of it and dispose of the same. In compliance of the said Order dated 26.02.2025, the Respondent Authorities vide Order dated 07.03.2025 passed a speaking order thereby rejecting the representation of the Applicant with remarks that "posting to be implemented as issued". Hence the instant O.A.
11. During the course of argument, learned counsel for the Applicant submitted before this Court that the Applicant has served only for 16 months at the present place of posting and he wants to complete his 2 years tenure by adjusting his balance 06 months in the North Eastern Region, for which, Applicant had also filed one representation/DO Letter dated 28.01.2025 with a request to accommodate him in any one of the choice station Digitally signed by NENGDEILHEN SINGSIT Date: 2025.03.27 16:08:24 +05'30' O.A. No/040/77/2025 9 either in (i) Guwahati or in (ii) Shillong or in (iii) Missamari. But the said representation/DO Letter dated 28.01.2025 was not considered at the time of passing the Speaking Order dated 07.03.2025, which is the impugned herein.
12. In view of the above, with the consent of both sides, this OA is disposed of at the admission stage with a direction upon the Respondent No. 3 i.e. the Director General (Pers), Military Engineer Services, Integrated Head Quarter, Ministry of Defence (Army), New Delhi to consider the pending representation/DO Letter of the Applicant dated 28.01.2025 treating this OA as a part of it and dispose of the same by passing a reasoned and speaking order in accordance with law within a period of two months from the date of receipt of a certified copy of this order.
13. Till the same is disposed of, let no coercive action be taken against the applicant.
Digitally signed by NENGDEILHEN SINGSIT Date: 2025.03.27 16:08:24
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14. Applicant is also directed to serve a copy of this O.A. along with copy of this Order to the Competent Authority within a period of ten days.
15. Accordingly, OA stands disposed of at the admission stage itself with no order as to costs.
(M. L. SRIVASTAVA)
MEMBER (A)
ss
Digitally signed by NENGDEILHEN
SINGSIT
Date: 2025.03.27
16:08:24
+05'30' O.A. No/040/77/2025