Central Administrative Tribunal - Kolkata
Alok Kumar Das vs Central Silk Board, M/O Textiles on 17 January, 2022
O*., CENTRAL ADMINISTRATIVE TRIBUNAL . KOLKATA BENCH, KOLKATA 0.A/350/1144/2020 7 Date of Order: 17.01.2022 'Coram: Hon'ble Ms. Bidisha Banerjee, Judicial Member Hon'ble Dr. (Ms.) Nandita Chatterjee, Administrative Member SHRI ALOK KUMAR DAS, son of Late Anandamoy 'Das, aged about 54 years, residing at 7th Mile, Reshambari, CSB Staff Quarter No. 8, Rishi Road, Kalimpong 784301, West Bengal now presently posted at- SSPC, Debinagar, Raiganj as an Assistant Superintendent (Administration) under Central Silk Board, Ministry of Textiles, Government of India under the control and authority of Scientist-B and Incharge of Central Silk Board, Ministry of Textiles, Government of India, SSPC, CSB, Debinagar, Raiganj, Uttar Dinajpur-733123; .. Applicant -Versus 1. Union Of India service through' the Secretary, Ministry of Textiles, Government of India, Udyog Bhawan, New Delhi-110011. - 2, The Central Silk Board, Ministry of Textiles, Government of India, service through the Member Secretary, CSB complex BTM Layout, Madivala, Bangalore-560068. 3, The Joint Director (Administration), the Central Silk Board, Ministry of Textiles, Government of India, CSB Complex, BTM - Layout, Madivala, Bangalore-560068. .4, The Assistant Director (A&A), Central Sericultural Research & Training Institute, Central Silk Board, Ministry of Textiles, Government of India Berhampore 742101, Murshidabad., . 5. The Scientist-D .of Regional 'Sericultuzal Research Station, Central Silk Board (Ministry of Textiles, Government of India, Kalimpong- 734301. 6. The Scientist --B and Incharge Silkworm Seed Production Government of India), Debinagar Raiganj -- 733123. . --Respondents. - For The Applicant(S): Mr P. C. Das, Counsel . -Ms T. Maity, Counsel For The Respondent(S): Mr. A .K. Basu, Counsel. Mr. A. Lahiri, Counsel ORDER(@RAL) ~ Per! Ms. Bidisha Banerjee, Member (J):
Heard Ld. Counsel for both sides.
742101, District.
é . Centre (SSPC), Under Central Silk Board (Ministry of Textiles, © This application has 'been preferred to seek the following. reliefs "a) To quash and/or set aside the impugned Order No. CsB- 18T(10)/88 ESI/V ol. I] dated 04.11.2020 issued by the Joint Director (Administration), the Central Silk Board, Ministry of Textiles, Government of India, CSB Complex, BTM Layout, _ Madivala, Bangalore-560068 in respect of rejection of your applicant's claim by way of speaking order and transferring your applicant from SSPC, Raiganj to.CSR & TI, ' Berhampore, Murshidabad vide impugned Office Order No. CSB- 18T(10)/88- ESI/Vol. II dated 04.11.2020 being Annexure A-9 of this original application:
b) To quash and/or. set. aside 'the impugned memorandum being No. CSB/NSSO/SSPC/RNI/PF-94/2020-2 1/371 dated 18.11.2020 issued by the Scientist-
B And Incharge, Silkworm Seed Production Centre (SSPC) under Central Silk Board (Ministry of Textiles, Government of India, Debinagar, Raiganj- 733123 by | transferring your applicant to CSR & TI, Berhampore, Murshidabad in the same capacity and scale of pay without considering the prayer of the applicant to transfer him at SSPC, Kalimpong where the vacancy is there and where his wife is working .as Assistant Teacher in a government affiliated school in terms of the DOPT's office memo dated 30.09.2009 being Annexure A 10 of this original application;.
c) To -pass an appropriate order directing upon the respondent authority. to accommodate your applicant at SSPC, Kalimpong as because his wife is working as an Assistant Teacher in a government affiliated school to comply with the DOPT's office memo dated 30.09.2009 and to allow him to continue his duty in the same capacity and scale of pay;
d) To quash and/or set aside the impugned speaking order being No. CSB- 18T(10)/88-ES.1/Vol. II dated 15.11.2019 issued by the Joint Director (Administration) Central Silk Board, Ministry of Textiles, Government of India, CSB Complex, BTM Layout, Madiwala, Bangalore whereby the transfer from RSRS, Raigard to S8PC, Kalimpong claimed by the applicant i in terms of the Office Memo dated 30.09.2009. issued by the DOPAT and in terms of the Transfer Policy has been rejected by violation of the same and the respondent authority did not follow the order dated 15.10.2019 passed by this Hon'ble Tribunal in OA No. 350/1439/2019 being Annexure A-3 of this original application;
- @).To pass an appropriate order directing upon the respondent authority that in terms of the circular dated 19.12.2019 the case of the applicant for re-posting/transfer him to RSRS Kalimpong may be considered in view of the fact that his wife is a central . government employee working at Kalimpong and in terms of the office memo dated 30.09.2009 issued by the DOPT your applicant is entitled for posting at Kalimpong
- since he has- carried earlier five transfer orders and despite several requests the respondent authority did not consider the same till now by violation of the observation made by this Hon'ble Tribunal in the order dated. 15.10.2019 in OA No. 350/1439/2019;
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f) To pass an appropriate order directing upon the respondent authority to issue:
posting order immediately in favour of the applicant in the office of Kalimpong under Central Silk Board in terms of their circular dated 19.12.2019 and in view of the fact that the Ministry of Textiles has already taken a decision on 29.07.2020 that the unit of SSPC Raiganj will be closed where your applicant is presently working to the post of Assistant Superintendent (Administration).
g) Costs.
hy Any-other order or orders as your Lordships may deem fit and proper;"
33. At hearing, Ld. Counsel for the applicant would Submit that despite availability of vacancy at Kalimpong at the material time, respondents. have arbitrarily filled up the said vacancy by accommodating 2 persons .
against one available sanction post.
é i
4. However, since the applicant would retire in the month of July 2024, respondents shall consider his 'prayer/representation for his transfer to Kalimpong, at the fag end of his service career. with 2 years to go for retirement, as and when a suitable vacancy arise in Kalimpong. Let a reasoned and speaking order be issued within 3 months from the date of | 4 receipt of such prayer/representation.
5. It is made clear that we have not entered into the merit of the matter and therefore all the points to be raised in the representation shall be open for consideration.
6. The present'0.A accordingly stands disposed of. No costs. -
es (Bidisha'Banerjee) Member (A). © . 'Member (J) 8S De ee linik i Lak aehrdee ta Fel 2 4 -