Central Administrative Tribunal - Ernakulam
P.M.Balan vs The General Manager on 14 March, 2017
Author: P.Gopinath
Bench: P.Gopinath
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
Original Applicaton No.180/00204/2016
Tuesday, this the 14th day of March, 2017
CORAM:
HON'BLE MR.JUSTICE N.K.BALAKRISHNAN, JUDICIAL MEMBER
HON'BLE MRS.P.GOPINATH, ADMINISTRATIVE MEMBER
P.M.Balan, S/o.late Pacher
Working as Technician Grade III (Plumber)
Office of the Senior Section Engineer (Works) CLT,
Southern Railway, Kozhikode, Palakkad Division
Residing at Railway Qtrs No.21F Railway Colony,
Kozhikode, Pin - 673 001 ... Applicant
(By Advocate: Mr.R Premchand)
Versus
1. The General Manager
Southern Railway
Headquarters Office, Park Town
Chennai - 600 003
2. The Divisional Railway Manager
Divisional Railway Manager Office
DRM Complex Southern Railway
Palghat, Pin - 678 002
3. The Senior Divisional Personnel Officer
Divisional Office, Personnel Branch
Southern Railway, Palghat Division,
Palghat - 678 002 ... Respondents
(By Advocate : Mr.Sunil Jacob Jose)
This Original Application having been heard on 14.03.2017 this
Tribunal on the same day delivered the following :
ORDER
By Justice N.K.Balakrishnan, Judicial Member This Original Application is filed challenging Annexure A9 order of transfer by which the applicant who was working at Calicut was transferred to Mangalore. No interim order was passed by this Tribunal (see the order dated 8.4.2016). The applicant contended that the juniors of the applicant were given promotions and postings of their choice and that the applicant was not granted promotion and so he had to approach this Tribunal by filing O.A 518/2010. This Tribunal directed the respondents to consider the case of the applicant for promotion to the vacancies notified in Annexure A7 therein. It was also held by this Tribunal that it is open to the respondents to accommodate in any of the vacancies now available and to give him notional promotion without any monetary benefits but all other consequential benefits will follow. According to the applicant the transfer was made malafide. It is further contended that the applicant being the senior most should have been posted at Palakad or Shornur. 2 This application has been strongly opposed by the respondents contending that there are no vacancies available at Palakad or Shornur and that the service of the applicant is absolutely necessary at Mangalore. After getting promotion the applicant cannot contend that he should not be transferred to the place where the promoted post exists. At present only two plumbers are available in Mangalore and one among them is a person with disability whose service cannot be utilized to the full exent. Hence the service of an experienced plumber is required at Mangalore to meet the daily requirements of water supply arrangements etc. The applicant did not even join Mangalore but approached this Tribunal which is against the law declared by the Hon'ble Supreme Court in SC Saxena Vs. Union of India - (2006) SCC L&S 1890 in which it has been held that recourse to litigation can be made only after the employee joins at the new place of his transfer.
3 We have heard the learned counsel for the parties and have gone through the documents/records.
4 The point for consideration is whether the transfer order by which the applicant was transferred to Mangalore is liable to be interfered with? 5 When the original application was filed the applicant was working at Calicut within Palakad Division. As stated earlier he had approached this Tribunal when he was stated to have been denied promotion. In compliance with the order passed by this Tribunal the applicant was granted promotion, the respondents contend. That is not disputed by the applicant also. According to the respondents the applicant was promoted to the post of Plumber. There are two posts of Plumber at Mangalore. One of the incumbents is a totally physically handicapped person. According to the respondents it is not possible to meet the daily requirements by using that physically handicapped person. It is to the other post, which is lying vacant, the applicant has been transferred. Therefore, according to the respondents the transfer of the applicant to Mangalore was absolutely necessary to meet the daily requirements of water supply arrangements etc. The contention that the respondents should have utilized the service of the other plumber to the full extent cannot thus be countenanced at all. The other person (physically handicapped person) cannot be denied employment. 6 The applicant then put forward a contention regrading the difficulties he would experience if he is transferred to Mangalore. Transfer is an incidence of service. It is stated that the applicant is a divorcee. It is also stated that his children are employed and working far away. That means at present the applicant is staying alone in Calicut. Therefore, there would be no difficulty if he joins and works at Mangalore.
7 The only other ground that has been projected is that the applicant is undergoing treatment for the last two years at PVS Hospital, Calicut. It is also stated that the applicant had undergone angio plasty. Though the applicant had undergone angio plasty as of now, he has no difficulty to carry out the work, the respondents contend. He is still under the treatment of doctor at PVS Hospital, Calicut. Respondents state that Mangalore is a place where Medial College Hospitals and other famous hospitals are there where the applicant can get better treatment. Respondents were asked to ascertain whether any post of Plumber is lying vacant in Palakad or Shornur. After getting instructions the learned counsel submitted that there is no post lying vacant in Palakad/Shornur. Therefore, we find no reason to interfere with the order of transfer. When an officer is transferred it is his duty to join the place to which he has been transferred. It is now submitted by the learned counsel for the respondents that the applicant had already been relieved yesterday. Therefore, the applicant has to join at the transferred station.
8 For the reasons stated above this application must fail. It is accordingly dismissed. No order as to costs.
(MRS.P. GOPINATH) (N.K. BALAKRISHNAN) ADMINISTRATIVE MEMBER JUDICIAL MEMBER sv