Central Administrative Tribunal - Delhi
Girish Chandra Joshi [Je(Qs&C) vs Union Of India on 2 February, 2015
Central Administrative Tribunal Principal Bench, New Delhi OA No.217/2015 With OA No.325/2015 OA No.328/2015 OA No.329/2015 OA No.330/2015 OA No.4542/2014 New Delhi this the 2nd day of February, 2015 Honble Shri G.George Paracken, Member (J) OA No.217/2015 Girish Chandra Joshi [JE(QS&C)] MES No.315085 Aged about 49 years S/o Shri P.D. Joshi R/o 1045, Sector-7, Pushp Vihar, New Delhi-110017. Applicant By Advocate: Shri M.K. Bhardwaj. Versus 1. Union of India Through, Secretary, Ministry of Defence, South Block, New Delhi. 2. The Engineer in Chief, E-in-C Branch, Integrated HQ of MOD (Army), Kashmir House, Rajaji Marg, New Delhi-110011. 3. The Directorate General (Personnel) E1B, Engineer-in-Chiefs Branch, Integrated HQ of MOD (Army), Kashmir House, Rajaji Marg, New Delhi-110011. 4. The Chief Engineer, Headquarters, Western Command, Pin 908543 C/o 56 APO. Respondents By Advocate: Shri Gaynendra Singh. OA No.325/2015 Ramvir Singh Rana, JE (Civil) MES-Ex-JC137460N Aged about 54 years S/o Late Shri N.S.Rana R/o A-307, Bhrigu Aptts, Plot No.4, Sector-9, Dwarka, New Delhi-110077. Applicant By Advocate: Shri M.K. Bhardwaj. Versus 1. Union of India Through, Secretary, Ministry of Defence, South Block, New Delhi. 2. The Engineer in Chief, E-in-C Branch, Integrated HQ of MOD (Army), Kashmir House, Rajaji Marg, New Delhi-110011. 3. The Directorate General (Personnel) E1B, Engineer-in-Chiefs Branch, Integrated HQ of MOD (Army), Kashmir House, Rajaji Marg, New Delhi-110011. 4. The Chief Engineer, Headquarters, Western Command Pin 908543 C/o 56 APO. 5. The Chief Engineer, Headquarters, Air Force, WAC, Palam, Delhi Cantt.-10. Respondents By Advocate: Shri Gaynendra Singh. OA No.328/2015 Ajay Kumar [JE(QS&C)] MES No.314920 Aged about 54 years S/o Shri Madan Gopal Ahluwalia, R/o C-5, Type-III, Opposite Shopping Centre, Near INMAS, DRDO Complex, Lucknow Road, Timarpur, Delhi-110054. Applicant By Advocate: Shri M.K. Bhardwaj. Versus 1. Union of India Through, Secretary, Ministry of Defence, South Block, New Delhi. 2. The Engineer in Chief, E-in-C Branch, Integrated HQ of MOD (Army), Kashmir House, Rajaji Marg, New Delhi-110011. 3. The Directorate General (Personnel) E1B, Engineer-in-Chiefs Branch, Integrated HQ of MOD (Army), Kashmir House, Rajaji Marg, New Delhi-110011. 4. The Chief Engineer, Headquarters, Western Command Pin 908543 C/o 56 APO. Respondents By Advocate: Shri Gaynendra Singh. OA No.329/2015 Brijpal Singh [JE(QS&C)] MES No.314804 Aged about 50 years S/o Shri B.S. Tomar R/o C-11/78, Yamuna Vihar, Delhi-110053. Applicant By Advocate: Shri M.K. Bhardwaj. Versus 1. Union of India Through, Secretary, Ministry of Defence, South Block, New Delhi. 2. The Engineer in Chief, E-in-C Branch, Integrated HQ of MOD (Army), Kashmir House, Rajaji Marg, New Delhi-110011. 3. The Directorate General (Personnel) E1B, Engineer-in-Chiefs Branch, Integrated HQ of MOD (Army), Kashmir House, Rajaji Marg, New Delhi-110011. 4. The Chief Engineer, Headquarters, Western Command Pin 908543 C/o 56 APO. Respondents By Advocate: Shri Gaynendra Singh. OA No.330/2015 Prem Shankar [JE(QS&C)] MES No.314858 Aged about 50 years S/o Shri Khacherumal, R/o 75/14, Sector-1, Pushp Vihar, Delhi-110017. Applicant By Advocate: Shri M.K. Bhardwaj. Versus 1. Union of India Through, Secretary, Ministry of Defence, South Block, New Delhi. 2. The Engineer in Chief, E-in-C Branch, Integrated HQ of MOD (Army), Kashmir House, Rajaji Marg, New Delhi-110011. 3. The Directorate General (Personnel) E1B, Engineer-in-Chiefs Branch, Integrated HQ of MOD (Army), Kashmir House, Rajaji Marg, New Delhi-110011. 4. The Chief Engineer, Headquarters, Western Command Pin 908543 C/o 56 APO. Respondents By Advocate: Shri Gaynendra Singh. OA No.4542/2014 1. All India MES Civilian Engineers Association Having its office at T-30, Ashray Kabul Lines, Delhi Cantt-110010 Through its Secretary Shri Anoop Singh s/o Late Sh. Umed Singh R/o-218, Atulaya Apartments DDA Multistory, Sect-18B, Dwarka New Delhi-78, Age 51 years. 2. Shri Parikshit Sahni, JE(QS&C) 49 Years, S/o Shri MG Sahni 52, Guru Angad Nagar West Delhi-110092. Applicant By Advocate: Shri M.K. Bhardwaj. Versus 1. Union of India Through its Secretary, Ministry of Defence, South Block, New Delhi-11. 2. The Engineer-in-Chief, E-in-Cs Branch, Integrated HQs of MoD (Army), DHQ, PO, New Delhi-110011. 3. The Director General (Pers), E-in-Cs Branch, Integrated HQ of MOD (Army), Kashmir House, New Delhi-110011. 4. The Chief Engineer, HQ, Western Command Chandimandir Respondents By Advocate: Shri Gaynendra Singh. ORDER (ORAL)
These are identical cases. Applicants in all these OAs have impugned the common order of the respondents dated 19.12.2014 transferring them from Delhi to different stations. Their submission is that the aforesaid order is against the transfer policy of 2008 which is still in vogue.
2. Today, when the matter was taken up for consideration, learned counsel for the respondents has submitted that considering the representations made by the applicants, the respondents, vide their order dated 28.01.2015, decided to keep the aforesaid impugned order of transfer in abeyance till 10.02.2015, by which time, fresh orders might be received from Engineer-in-Chiefs Branch.
3. In view of the above submission, I dispose of all the above OA by this common order, directing the respondents to take appropriate decision in the matter after due consideration of the representations of the applicants as well as the averments made by them in these OAs. They shall also pass reasoned and speaking orders informing their decision in the matter. Till such time, they shall maintain status quo, qua the applicants. If the applicants are still aggrieved by the fresh order being passed in the matter, they are at liberty to approach this Tribunal through separate OAs for consideration on merits.
4. There shall be no order as to costs.
5. Order dasti.
(G. George Paracken) Member (J) /vb/