Central Administrative Tribunal - Jabalpur
Tushar Kanti Paul S/O Shri Ganesh ... vs Union Of India on 20 July, 2015
Reserved
CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH
JABALPUR
(1) Original Application No. 200/01017/14
(2) Original Application No. 200/01021/14
(3) Original Application No. 200/00014/15
(4) Original Application No. 200/00015/15
(5) Original Application No. 200/00037/15
Jabalpur, this Monday, the 20th day of July, 2015
SHRI G.P.SINGHAL, ADMINISTRATIVE MEMBER
SHRI U. SARATHCHANDRAN, JUDICIAL MEMBER
1. Tushar Kanti Paul S/o Shri Ganesh Chandra Paul S/o Shri Ganesh Chandra Paul, Aged about 53 years, R/o 5/3 BSNL, 9-B, Saket Nagar, Bhopal 462024 (M.P.) Presently posted as Dy. Director Genera, Telecom Enforcement and Resource Monitoring (ERM-A1)
Bhopal (M.P.) 462001 -Applicant in OA No.200/01017/14
2. Pawan Kumar Jain, S/o Shri P.C. Jain, Aged about 50 years,
Presently posted as Dy. Director General, Telecom Enforcement and
Resource Monitoring (TERM A-3)
Bhopal (M.P.) 462001 -Applicant in OA No.200/01021/14
3. Sanjay Verma, S/o Late Shri V.N. Verma, Aged about 53 years,
R/o DK-1/16, Danish Kunj, Kolar Road, Bhopal (M.P.) Presently
Posted as Deputy Director General (Public Grievance),
Department of Telecommunications
Bhopal (M.P.) 462042 -Applicant in OA No.200/00014/15
4. Vikas Nayak, S/o Shri Bhola Nath Nayak, Aged about 42 years
R/o A-500, Shahpura Colony, Bhopal 462039 (M.P.) Presently
Posted as Director PG Cell, Department of Telecommunications
Bhopal (M.P.) -Applicant in OA No.200/00015/15
5. Madhu Patre, W/o Shri Dr. R.K. Das, Aged about 40 years,
R/o HI-28, Sector-1, Deendayal Upadhayay Nagar, Raipur (C.G.)
Presently posted as Director NT Cell, Department of Telecommunication,
Raipur (C.G.) -Applicant in OA No.200/00037/15
(By Advocate Shri Manoj Sharma)
V e r s u s
1.Union of India, through its Secretary,
Department of Telecommunications,
Ministry of Communications & IT, Government of India,
Sanchar Bhawan, 20, Ashoka Road, New Delhi-110001
2. The Under Secretary, Ministry of Communications & IT,
Department of Telecommunications, Government of India,
Sanchar Bhawan, 20, Ashoka Road, New Delhi-110001
3. Department of Personnel & Training,
Ministry of Personnel Public Grievance & Pension,
North Block, New Delhi 110001, Through its Secretary
4. Bharat Sanchar Nigam Limited, 4th Floor,
Bharat Sanchar Bhawan, Janpath,
New Delhi-110001, Through its Chairman-cum-
Managing Director -Common Respondents in OAs 200/01017/14,
200/01021/14, 200/00014/15 & 200/00037/2015
1.Union of India, through its Secretary,
Department of Telecommunications,
Ministry of Communications & IT, Government of India,
Sanchar Bhawan, 20, Ashoka Road, New Delhi-110001
2. The Under Secretary, Ministry of Communications & IT,
Department of Telecommunications, Government of India,
Sanchar Bhawan, 20, Ashoka Road, New Delhi-110001
3. Department of Personnel & Training,
Ministry of Personnel Public Grievance & Pension,
North Block, New Delhi 110001,
Through its Secretary -Respondents in OA 200/00015/15
(By Advocate Shri A.P.Khare)
(Date of reserving the order: 14.07.2015)
COMMON ORDER
By G.P.Singhal, AM.-
All the five Original Applications are being disposed of by this common order as the applicants, who belong to Indian Telecom Service (for brevity ITS) and their cadre controlling authority is Department of Telecom (for brevity DOT), are aggrieved by the orders of their transfer issued by Bharat Sanchar Nigam Limited (for brevity BSNL). By common impugned order dated 08.12.2014 in Original Applications No.200/01017/14, No.200/01021/14 & No.200/00014/15, the applicants have been transferred to Bhopal, while applicants in Original Applications No.200/ 00015/15 and No.200/00037/15 have been transferred to Bhopal and Raipur respectively by another impugned order dated 8.12.2014.
2. We find that similar set of Original Applications were filed by other ITS officers, bearing Original Applications Nos.200/00335/15, 200/00461/15 and 200/462/15, and the same were recently disposed of by this Tribunal by common order dated 3.7.2015. Relevant paragraphs of the said order read thus:
3. The learned counsel for the applicants submitted that in the matter of deputation/deployment of ITS officers with BSNL/MTNL Honble Delhi High Court in its order dated 17.4.2012 (Annexure A-9) passed in Writ Petition (C) No.22515-22518/2005 had given direction that the officers who have not given option for absorption with BSNL/MTNL shall be given an option to be exercised within two weeks from the date of the said order to revert to the Government or to seek permanent absorption in BSNL/MTNL as the case may be, and that BSNL/MTNL shall relieve such of the petitioners who opt to revert to Government service within two weeks of receipt of option from them. In consequence of these orders the Government of India passed two back to back orders dated 11.3.2013 (Annexure A-13 & 14). While with the first order all the persons who had not opted for absorption were ordered to be repatriated to the DOT with immediate effect, by the second order all these officers were deployed in BSNL for a period of 10 years, on year to year diminishing basis w.e.f. 11.3.2013. These orders were considered in Contempt Petition No.243/2013 filed before Honble High Court of Delhi, wherein vide order dated 18.12.2014 (Annexure RJ-1) Honble High Court observed as under:
(1).After hearing the learned counsel for the parties, I am satisfied that the respondents in gross violation of the order dated 17.04.2012, in issuing the two orders dated 11.03.2013 as not only the orders have not been complied with both in letter and spirit, but also being perpetuated by continuing the disobedience.
(2). The petitioner is directed to file a list of officers who have opted for absorption and a separate list shall be filed with respect to the officers who have opted for repatriation. Both these lists shall be filed along with an affidavit and the list must indicate the dates when the option was exercise for absorption or for repatriation and all other relevant details as may be deemed fit by the petitioner.
4. The respondent-DOT thereafter filed an affidavit (Annexure RJ-3) before Honble Delhi High Court, wherein they have mentioned that there are about 790 ITS officers, which may have to be recalled to the DOT, and further that BSNL & MTNL will repatriate the officers in batches of around 100 officers to the DOT so as to obviate major dislocation of personnel and consequent disruption of services. It has been further mentioned in the said affidavit that the first batch of around 100 ITS officers will be repatriated by BSNL/MTNL on or around 01.07.2015, and fresh orders for deployment of the repatriated officers in BSNL and MTNL will be issued by the DOT to ITS officers, and this process will be repeated at reasonable periods, till repatriation and deployment of all officers is completed in six months. Thereafter a Review Petition No.71/2015 in aforementioned Writ Petition (C) No.22515/2005 was filed wherein the respondents had sought clarification of the judgment dated 17.4.2012. However, the Honble Delhi High Court vide order dated 03.03.2015 dismissed the said review petition by observing that no such clarification is required and the judgment is absolutely clear.
5. The learned counsel for the applicants further submitted that none of the applicants in these Original Applications have given their option for absorption in BSNL. Therefore, as per the commitment made by the DOT, who is the cadre controlling authority of these applicants, the applicants have to be repatriated and deployed by DOT within six months of filing of the affidavit. In these circumstances there is no justification for transferring them at this stage as their cadre controlling authority is already seized of the matter of their repatriation to DOT.
6. On the other hand learned counsel for the respondents submitted that the applicants are still on deputation/deployment with BSNL and BSNL is competent to take decision on transferring them within its jurisdiction. The DOT had vide its order dated 8.11.2011 (Annexure A-12) ordered that all Group-A officers on deemed deputation to BSNL/MTNL excluding those in category I and IV thus stand reverted to Government and should report to DOT immediately after having been relieved formally by BSNL/MTNL as the case may be. Accordingly, it is hereby clarified that the officers who are to revert cannot abdicate their posts or refuse to perform their assigned functions or the duties and responsibilities until they are formally relieved by BSNL/MTNL. Thus all the applicants have to follow the orders of BSNL/MTNL, as the case may be, till they are repatriated to Government.
7. In regard to applicants contention pertaining to orders of Honble Delhi High Court in this matter, the learned counsel for the respondents submitted that the matter is still pending with Honble Delhi High Court.
8. The learned counsel for the respondents relied on various decisions of the Honble Supreme Court wherein it has been held that the Courts or Tribunals are not appellate forums to decide on transfer of officers on administrative grounds.
9. Heard the learned counsel of parties and perused the pleadings of the respective parties and the documents annexed therewith.
10. It is the admitted fact that the applicants have all India transfer liability and they cannot continue to serve at a particular place even on the ground of their spouses being in services of the Government. The applicants are fairly senior officers and at this level it may not be practically possible for the respondents to every time find postings suitable to their status at the places where their spouses are posted. Further the applicants have already completed their prescribed tenure as per the prevalent transfer policy of the BSNL. However, it is undisputed that DOT has, through the affidavit of the Joint Secretary of the Department filed in Contempt Case No.243/2013 before Honble Delhi High Court, committed to repatriate all the ITS officers to the Government in batches and this process is to be completed in six months time. In the order dated 21.5.2015 of Honble Delhi High Court reference to this affidavit has been made. Thus, it can be inferred that the six months period will come to end before 30th November, 2015. The contention of the applicants counsel is that all the applicants fall in the category of those who have not opted for absorption with BSNL and are therefore entitled for repatriation to DOT. However, the counsel for the respondents submitted that the applicants have filed their conditional option for absorption in the BSNL wherein they have mentioned that they may either be promoted to higher post or if that is not possible they should be repatriated to the DOT.
11. Thus, if the applicants give clear unconditional option for non-absorption in BSNL then only the question of their repatriation to DOT will arise. Even according to the orders of Honble Delhi High Court dated 17.4.2012 the ITS officers who had not yet opted for their absorption in BSNL/MTNL had to give their option within two weeks from the date of that order. However, the applicants seem to have still not given their clear option in this matter.
12. In this view of the matter, these Original Applications are hereby disposed of with directions to the applicants to submit their clear options in the matter of their permanent absorption in BSNL within a period of two weeks from the date of this order. If they opt for their repatriation to DOT then the impugned transfer orders so far as they relate to them, shall stand cancelled, as they are apparently unnecessary in view of their imminent repatriation to DOT. However, if the applicants either opt for permanent absorption in BSNL/MTNL, or do not file any option within this period, then they shall have to join at the places of their new posting in compliance of the impugned transfer orders without any further delay. No order as to costs.
3. Since the arguments advanced and issue involved in the instant Original Applications are same as those of mentioned in aforementioned Original Applications, the present Original Applications are also being disposed of in the same manner.
4. In this view of the matter, these Original Applications are hereby disposed of with directions to the applicants to submit their clear options in the matter of their permanent absorption in BSNL within a period of two weeks from the date of this order, if they have already not given such options. If they opt for their repatriation to DOT then the impugned transfer orders so far as they relate to them, shall stand cancelled, as they are apparently unnecessary in view of their imminent repatriation to DOT. However, if the applicants either opt for permanent absorption in BSNL/MTNL, or do not file any option within this period, then they shall have to join at the places of their new posting in compliance of the impugned transfer orders without any further delay. No order as to costs.
(U. Sarathchandran) (G.P.Singhal) Judicial Member Administrative Member rkv 1 Sub: Transfer in BSNL OAs Nos.200/01017/14, 200/01021/14, 200/00014/15, 200/00015/ 15 & 200/00037/15 Page 1 of 6