Central Administrative Tribunal - Jabalpur
K.V.Nagayach vs Union Of India on 22 December, 2015
CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH
JABALPUR
Original Application No. 200/01158/2015
Jabalpur, this Tuesday, the 22nd day of December, 2015
SHRI G.P.SINGHAL, ADMINISTRATIVE MEMBER
K.V.Nagayach, S/o Late B.P.Nagayach, aged about 59 years,
Presently holding the post of Chief Personnel Officer,
West Central Railway,Jabalpur, R/o Railway Quarter No. 355/2,
Adjacent to Satpura Club, Civili Lines, Jabalpur, M.P.-482001 -Applicant
(By Advocate Shri S.K.Nandy)
V e r s u s
1. Union of India, Ministry of Railway, Railway Board,
New Delhi-110001, Through the General Manger,
West Central Railway, Jabalpur-482001 (M.P.)
2. The Member Staff, Ministry of Railway, Railway Board,
New Delhi-110001, Through the General Manger,
West Central Railway, Jabalpur-482001 (M.P.)
3. The General Manager, West Central Railway,
Jabalpur-482001 (M.P.) -Respondents
(By Advocate Shri A.S.Raizada)
O R D E R
The applicant has preferred this Original Application challenging his transfer order dated 03.12.2015 & 04.12.2015 (combined Annexure A-1).
2. Learned counsel for the applicant submitted that the applicant is retiring on 30.11.2016 and therefore he has to be protected against the transfer as his remaining period in service is less than one year. In the recent past, the applicant has been transferred frequently. While vide the order dated 27.08.2013 (Annexure A-3), he was transferred from North Central Railway to East Central Railway, he was transferred again from East Central Railway to West Central Railway in March 2015. Now again vide the impugned order dated 03.12.2015, he is being transferred from West Central Railway to North Western Railway. Learned counsel further submitted that the applicant has been transferred as the post on which he has been working is being transferred to North Western Railway. However, as per the provisions of Master Circular 24, Transfer of Non-Gazetted Railway Servants, dated 22.09.2011 (Annexure A-5), it is the junior most officer who is to be transferred first in such an exigency. Since, Shri Nandkishor, Chief Personnel Officer, West Central Railway, Jabalpur is junior to the applicant and has been posted in this zone for more than six years, it is he who should have been transferred out and not the applicant. As per the comprehensive transfer policy of Government of India, Ministry of Railways (Railway Board) letter dated 31.08.2015 (Annexure A-8) normally minimum tenure on a particular post is two years. However, the applicant is being transferred from Jabalpur after spending less than nine months. In these circumstances, the impugned transfer order deserves to be quashed and the applicant may be allowed to continue at West Central Railway, Jabalpur on the post of Chief Personnel Officer, Jabalpur.
3. On the other hand, learned counsel for the respondents submitted that the applicant has been transferred along with post and he has already been relieved. In regard to applicants contention that as per Master Circular 24 it is the junior most employee who must be transferred first, the learned counsel for the respondents submitted that this policy is applicable for non-Gazetted Railway servants. Thus, this circular is not applicable in case of applicant who is a Senior Officer. Even applicants contention pertaining to protection from transfer to the employees who are on verge of the retirement is not true in his case. The learned counsel for the respondents submitted that the circular of Government of India (Bharat Sarkar), Ministry of Railways/Rail Mantralaya (Railway Board) dated 23.05.1981 (Annexure A-7) which provides for such a policy, is in regard to non-Gazetted staff and therefore not applicable in applicants case. Since applicant has been transferred on account of transfer of his post, the provisions of comprehensive transfer policy for Railways officers dated 31.08.2015 (Annexure A-8) shall not be applicable in his case as it is not a normal transfer. Thus the Original Application deserves to be dismissed as it is without any merit.
4. Heard the learned counsel for the parties and perused the pleadings of the respective parties and the documents annexed therewith.
5. On perusal of impugned transfer order it is seen that the applicant has been transferred along with the post on which he was working and he has also been relieved by the same order. The applicant has not challenged the Railway Boards decision to transfer the post. The applicant was working on work charge Chief Personnel Officers post, which has now been transferred to North Western Railway by the Railway Board. Thus, the applicant, who was working on that post has also been transferred to North Western Railway. The applicant has not challenged the order of transfer on the ground of malafide or any bias against him nor is there any challenge to the transfer order on the ground of non-competency of the authority issuing it. In these circumstances, I am not inclined to grant the reliefs as prayed for the by the applicant in this Original Application.
6. In view of it, the Original Application is dismissed in limine. No costs.
(G.P.Singhal) Administrative Member rn 3 OA 200/01158/2015
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