Central Administrative Tribunal - Chandigarh
Ishwar Das vs Council Of Scientific & Industrial ... on 17 October, 2024
CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
.........
O.A. No.060/814/ 2023
Reserved on : 08.08.2024
Pronounced on:
CORAM:
HON'BLE SHRI RAMESH SINGH THAKUR, MEMBER (J)
Ishwar Das, S/o Late Sh. Kharku Ram, age 58 years,
presently working as Controller Finance and Accounts, O/o
CSIR-CSIO, Sector 30, Chandigarh- 160030.
(By Advocate: SH. RISHAV SHARMA)
Versus
1. Council of Scientific & Industrial Research, Anusandhan
Bhawan, 2 Rafi Marg, New Delhi- 110001.
2. Director General, Council of Scientific & Industrial Research,
Anusandhan Bhawan, 2 Rafi Marg, New Delhi- 110001.
3. Director, Council of Scientific & Industrial Research/ CSIO,
Sector 30, Chandigarh- 160030.
......Respondents
(By Advocate: SH. VIKAS KUTHIALA)
O R D E R(Oral)
Per: SHRI RAMESH SINGH THAKUR MEMBER (J):
1. This application has been filed under Section 19 of the Administrative Tribunals Act, 1985 against Office Memorandum dated 05.07.2023 and 08.08.2023 vide which the representation of applicant has been rejected by respondent no. 2. The brief facts leading to filing of this OA are that the applicant was appointed as Lower Division Clerk under the respondents on 13.04.1989. On 31.08.1992 by virtue of open selection the applicant was appointed as Assistant (Finance and Accounts). He joined service at IMTECH, Chandigarh. The applicant was selected as Section Officer (F&A) and was posted to IHBT at Palampur. He continued to work at Palampur from 2002 to November, 2005 and he was posted to CSIO, Sector 30, Chandigarh. He continued to work there as SO (F&A) Chandigarh till 2013. In April, 2013, applicant was promoted as Finance & Accounts Officer and was again posted at IHBT, Palampur where he continued till 2015. In 2015, the applicant was again posted from IHBT, Palampur to IMTECH, Chandigarh when he was selected by virtue of merit and interview as Controller of Finance & Accounts vide order dated 28.12.2020 and was posted at Lucknow. Due to severe COVID Pandemic- 2019 all the selected/ promoted Officers were adjusted at the same place though at the relevant time since the applicant was not facing any medical problems he gave willingness Choice Station of promotion i.e. Dehradun, Roorkee, Palampur, Pilani and Goa but he was posted at CSIR IMTECH, Chandigarh as CFAO vide letter dated 28.12.2020. Copy of Order dated 28.12.2020 is enclosed as Annexure A-3. respondents vide its order dated 03.03.2021 transferred the applicant from CSIR-IMTECH, Chandigarh to CDRI, Lucknow and was directed to join by 01.05.2021. A copy of order dated 30.03.2021 is annexed as Annexure A-3/A. The applicant and his wife got infected with Covid-19 and developed several problems after it. The applicant submitted various medical reports (A-4) for retention at Chandigarh. The applicant took shelter of Post Graduate Institute (PGI), Chandigarh who too initially treated him for ENT problem but finally opined that in fact the applicant is suffering from acute chronic disease namely "PEMPHIGUS VALGARIS" which is a life threatening. Applicant submitted another representation through proper channel to the respondents on 06.07.2021 and another representation dated 05.08.2021 but the applicant got relieved on 03.09.2021. The applicant applied for half pay leave from 04.09.2021 to 04.11.2021 (A-12). The applicant again sent representations through mail dated 20.09.2021 (A-14) and 03.10.2021 (A-15). The applicant has been directed by PGI department to continue his treatment. a copy of the PGI OPD Card dated 13.10.2021 is enclosed as Annexure A-16. The wife of applicant is also suffering from various diseases. The applicant submitted various representations stating that he has only 01 year and 07 months service .The applicant has come to know that on one hands his case is not considered yet on the other hand has retained various persons at the same station without any necessity because these persons have good rapport with high ups. Annexure A-3/A is testimony to this fact as persons at serial nos.3, 7, 8, 11, 12, 16, 34, 74, 77, 84, 120 and 140 of General Cadre, 1,4,13,14,22,26,32,36,38,40,43 to 46,50,52,73,74 of Finance and Accounts Cadre 8, 25, 37, 35 of Store and Purchase Cade are retained at the same station without real necessity whereas deserving case of the applicant is not considered Hence the present OA.
2. Notice was issued to respondents on 26.08.2023. In the written statement it has been stated that vide email dated 14.01.2022, the applicant requested for retention or extension in joining to new place till April, 2022 and has also given an undertaking to the effect that he will join the new place of posting immediately upon final closure of annual accounts for the financial year 2021-22. Respondents in their reply have further stated that most of the transferred officers joined the new place of posting and the entire chain of transfer and posting might be affected but the request of applicant was accepted and he was retained till 05.04.2022 vide OM dated 17.02.2022, wherein, it was also mentioned that applicant will be relieved on 05.04.2022 to join CDRI, Lucknow. Respondents have further clarified that vie OM dated 05.07.2023, applicant was transferred to IPU/ TKDL New Delhi in public interest and his absence from duty from 04.092021 to 16.02.2022 was regularised by granting leave due as admissible.
3. Rejoinder to the said written statement has also been filed by the respondents stating that the applicant made representation dated 05.08.2021 and has also filed OA No. 1227 of 2021 which was withdrawn by the applicant vide order dated 09.03.2022 since the applicant was allowed to continue at the same place of posting since the services of applicant was essentially required by CSIR-IMTECH and was made to rejoin on 17.02.2022. the applicant has further stated that the undertaking was given by him when he not suffering from any chronic disease and with the passage of time his medical condition worsened. In the rejoinder, the applicant states that he is suffering from a life threatening disease and requires treatment. The applicant has further relied upon transfer policy of respondents (A-19) vide which it is stated that requests from CCOs having only 03 years or less service before retirement may be considered for posting at the present or choice station on promotion or otherwise, at the discretion of the competent authority. The applicant has further stated that the he and his wife who is a state gov employee cannot be transferred at fag end of his service when he is left out with only eight months of service and is also undergoing treatment from PGIMER. The applicant submits that post of Controller of Finance and Accounts is vacant at CSIR-CSIO at Chandigarh and he can be adjusted till the age of superannuation i.e. 31.03.2025
4. This Tribunal has considered the matter. From the pleadings it is clear that the applicant was appointed as Lower Division Clerk under the respondents on 13.04.1989. the applicant during his tenure of more than 34 years of service has worked at various stations and while working at Chandigarh he was transferred to Lucknow on 03.03.2021. The applicant and his wife suffered multiple problems after Covid-19 and the applicant is suffering from acute chronic disease "PEMPHIGUS VALGARIS" which is a life threatening. The treatment of applicant is undergoing from PGIMER, Chandigarh and is left only with 8 years of service.
5. From the pleadings it is clear that the applicant is left of only 1 year and 7 months of service. The applicant has relied upon judgement in the matter of Dr. Dev Parkash Chugh in CWP No. 11172 of 2005 dated 29.09.2005, wherein, it has been held by the Hon'ble High Court that "
once the govt. frames a policy, it cannot plead that the same is not mandatory and is bound to follow the same".
The applicant has further relied upon judgement passed by Hon'ble Punjab and Haryana High Court in the matter of Anil Garg vs. State of Punjab CWP No. 9042 of 2020 dated 24.09.2020, 2020(4) SCT 559: 2021 (1) PLR 33, wherein, it has been held that the "policy may not be mandatory, but most definitely it provides guidelines to be followed ordinarily by administrative superiors". In the instant case, the contention of the applicant is that he is suffering from diabetes and acute chronic disease namely "Pemphigus Valgaris" which is life threatening. Further the applicant has specifically submitted that the applicant is left of only 1 year and 7 months of service. The relevant para of the policy A-19 is as under:
2. Transfer on own request to a choice station:
i) Requests for transfer to a choice station will not normally be entertained unless the CCO concerned has completed 05 years at his/ her present station of posting. This period is 03 years in case of posting at a difficult station
ii) Requests from CCOs having only 03 (three) years or less service before retirement may be considered for posting at the present or choice station on promotion or otherwise, at the discretion of the competent authority.
4. Transfer on compassionate grounds;
(i) Transfer on compassionate grounds may be considered in the following cases:
Special needs of challenged children/ self. Serious chronic medical conditions of self or family members needing prolonged continuous treatment, for which medical infrastructural facilities are not available at the present place of posting. These are to be certified by duly constituted Medical Board.
(ii) Transfer on compassionate grounds will be subject to availability of vacancies and other administrative exigencies.
6. In view of above, this OA is disposed of with direction to respondents to constitute a Medical Board qua the diseases suffered by applicant in terms of Annexure A-19 ( page 69 of the paper book ) and thereafter look into the matter of the applicant in view of the transfer policy ( A-
19) para 2 and 4 supra ( page 69 of the paper book ) Till the said exercise is done, the applicant shall be allowed to work at the same place of posting i.e. Chandigarh as Controller Finance and Accounts at O/o CSIR-CSIO.
RAMESH SINGH THAKUR MEMBER (J) Db*