Karnataka High Court
All India Dgqa Engineers Association vs Union Of India on 8 February, 2018
Author: P.S.Dinesh Kumar
Bench: P.S.Dinesh Kumar
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WPs No.48428-48431/2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF FEBRUARY 2018
PRESENT
THE HON'BLE MR.H.G.RAMESH
ACTING CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR
WRIT PETITIONS NO.48428-48431/2017(S-CAT)
BETWEEN:
1. ALL INDIA DGQA ENGINEERS ASSOCIATION
BANGALORE BRANCH, REPRESENTED BY
GENERAL SECRETARY, SHRI A.ASWATHNARAYAN
S/O SHRI A.KRISHNA RAO
AGED ABOUT 58 YEARS
WORKING AS ASSISTANT ENGINEER
QUALITY ASSURANCE (ELECTRONICS)
J.C.NAGAR POST, BANGALORE-560 006
2. SHRI C.A.VENKATESHA MURTHY
S/O SHRI C.R.ANANTHA MURTHY
AGED ABOUT 55 YEARS
WORKING AS ASSISTANT ENGINEER
QUALITY ASSURANCE (ELECTRONICS)
J.C.NAGAR POST, BANGALORE-560 006
3. SHRI B.S.GOWTHAM
S/O SHRI VSS MURTHY
AGED ABOUT 42 YEARS
WORKING AS ASSISTANT ENGINEER
QUALITY ASSURANCE (RADAR)
J.C.NAGAR POST, BANGALORE-560 006
4. SMT SOWMYA M
W/O SHRI R.GANDHI
AGED ABOUT 34 YEARS
WORKING AS ASSISTANT ENGINEER
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WPs No.48428-48431/2017
QUALITY ASSURANCE (ELECTRONICS)
J.C.NAGAR POST, BANGALORE-560 006 ...PETITIONERS
(BY SRI IZHAR AHMED, ADVOCATE)
AND:
1. UNION OF INDIA
THROUGH THE SECRETARY
MINISTRY OF DEFENCE
DEPARTMENT OF DEFENCE PRODUCTION
ROOM NO.136, SOUTH BLOCK
NEW DELHI-110 001
2. DIRECTOR GENERAL
DIRECTORATE GENERAL OF QUALITY
ASSURANCE, MINISTRY OF DEFENCE (DGQA)
ROOM NO.308-A, D-WING
SENA BHAWAN, NIRMAN BHAWAN
NEW DELHI-110 011
3. CONTROLLER
CONTROLLERATE OF QUALITY ASSURANCE
(ELECTRONICS), MINISTRY OF DEFENCE (DGQA)
J.C.NAGAR POST, BANGALORE-560 006
4. THE SECRETARY
DEPARTMENT OF PERSONNEL & TRAINING
(DOP & T), NORTH BLOCK
CENTRAL SECRETARIAT
NEW DELHI-110 001 ...RESPONDENTS
(BY SRI KIRAN R, CGC FOR R1 TO R4)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE
RELEVANT RECORDS AND SET ASIDE THE IMPUGNED ORDER
DTD.17.10.2017 IN O.A.NO.320/2017 VIDE ANNEX-A PASSED BY
THE HON'BLE TRIBUNAL, BANGALORE AS ILLEGAL, WITHOUT
REASONED ORDER AND WITHOUT FACTS ON RECORDS AND
WITHOUT PARAMETERS OF THE RULES OF LAW AND ETC.
THESE WRIT PETITIONS, HAVING BEEN HEARD AND
RESERVED FOR ORDERS ON 10.01.2018, COMING ON FOR
PRONOUNCEMENT OF ORDERS, THIS DAY,
P.S.DINESH KUMAR J., PRONOUNCED THE FOLLOWING:-
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WPs No.48428-48431/2017
ORDER
1. These writ petitions are directed against order dated 17.10.2017, passed by the Central Administrative Tribunal, Bangalore Bench ('Tribunal' for short), insofar as it relates to Original Application No.170/00320/2017.
2. Heard Sri Izhar Ahmed, learned Counsel for the petitioners and Sri Kiran.R., learned Central Government Counsel for the respondents.
3. The first petitioner is an All India Association of Engineers working in Directorate General of Quality Assurance Engineers Association ('DGQA' for short). Petitioners No.2 to 4 are Assistant Engineers working with DGQA at Bangalore. All petitioners are aggrieved by the transfer policy of DGQA.
4. The prayers in these writ petitions are as follows:
i) to set aside the impugned order passed by the Tribunal;
ii) direct the respondent-01 to delete non-sensitive posts of Technical and Scientific cadre group-B (Gazetted and non-Gazetted) in the department of DGQA in the RTP-2016 in terms of the meeting vide dated 16.01.2017 (Annexure: A-10) and the clarification dated 10.02.2017 (Annexure: A-11) and consequentially cancel the transfer order of -4- WPs No.48428-48431/2017 non-sensitive staff dated 21.04.2017 (Annexure:
A-23) in the interest of justice and equity.
5. Before the Tribunal, petitioners challenged the rotational transfer policy on two grounds. Firstly, that the DGQA had not classified the posts held by employees as 'sensitive' and 'non-sensitive' and secondly, that the non-technical personnel were excluded from the purview of rotational transfer policy.
6. With regard to the first ground, the Tribunal has recorded a categorical finding that 'sensitive' and 'non-sensitive' posts have been identified and therefore, the said issue would not remain for consideration. The Tribunal has also recorded that petitioners-applicants did not contradict this position. The relevant portion of the impugned order reads thus:
"19. It is evident that the sensitive posts have already been identified by the DGQA organisation. Therefore, the issue raised by the applicants in regard to identification of sensitive and non-sensitive posts is no longer relevant. Moreover it was submitted by the respondents and not contradicted by the applicants that all the persons who have put in more than 7 years have been transferred pursuant to the rotational transfer policy. Thus whether a person is working in a sensitive post or non-sensitive post, he is liable for transfer after 7 years in any place. Only if a person having less than 7 years of service in a particular place is transferred he can raise the issue that too if he claims to be working in a non-technical post. Therefore, as far the transfer order dtd.21.4.2017 is concerned, the issue raised by the applicants regarding classification of sensitive and non-sensitive posts has no relevance more so when the sensitive posts have already been identified and all persons have completed more than
7 years in a station."
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WPs No.48428-48431/2017
7. With regard to the second ground that the non-technical personnel have been excluded from the purview of rotational transfer policy, it was argued by the learned Central Government Counsel appearing for the respondents that on consideration of various representations submitted by the non-technical staff, the Ministry of Defence has taken a conscious decision to exclude them from the purview of transfer policy. The Tribunal has refrained to interfere with the transfer policy as it is a policy matter.
8. The learned Central Government Counsel further submitted that the transfer policy of the year 2011 has been revised by the Ministry of Defence by its order dated 24.11.2016. In the said revised policy, in addition to the Technical/Scientific Group 'B' officials, Non-Technical Group 'B' officials were also included. Various associations and Trade Unions of DGQA Organisation submitted representations with regard to 2016 Transfer Policy. Ministry of Defence in consultation with the DGQA Head Quarters has carried out certain amendments to the 2016 Transfer Policy which includes deletion of non-technical staff from the purview of transfer policy. The revised transfer policy is applicable to -6- WPs No.48428-48431/2017 Group 'B' Technical/Scientific staff of DGQA irrespective of whether they hold 'sensitive' or 'non-sensitive' posts.
9. The petitioners' prayers before the Tribunal as also this Court are not very clear. In substance, they have challenged the 2016 Transfer Policy and classification of posts as 'sensitive' and 'non-sensitive'. Admittedly, DGQA is an organisation under the Ministry of Defence. The classification of posts and deployment of its personnel remains the prerogative of the organisations concerned and Courts cannot substitute their opinion.
10. In the circumstances, these writ petitions must fail and are accordingly dismissed. We make no order as to costs.
Petitions dismissed.
Sd/-
ACTING CHIEF JUSTICE Sd/-
JUDGE Yn.