Central Administrative Tribunal - Kolkata
Siddhartha Shankar Maurya vs Labour on 5 March, 2018
0
IN THE CENTRAL ADMINISTRATIVE TRIBUNAL
CALCUTTA BENCH
c:27 of 2018
O.A. No.
-And-
In the matter of:
An application under Section 19 of
the AdministratLVe Tribunal Act,
1985.
-And-
In the matter of:
Siddhartha Shankar Mauryä,
Son of Late Ram Krishore Maurya,
120/3, Katadanga Village Road, Post
Office - Fingapaia, Police Station
Jagatddal, District - North 24
Pganas, Pin Code - 743129.
Applicant.
-Versus-
The Union of India, service
through its Secretary, Ministry of
Labour & Employment, Government
of India, Bhavishya Nidhi Bhawan,
14-Bhikaji Cama Place, New Delhi -
110066.
The Employees' Provident Fund
Organization, (Ministry of Labour &
Employment, Government of India),
service through Regional Provident
Fund Commissioner, Bhavishya
Nidhi Bhawan, 14-Bhikaji Cama
Place, New Delhi - 110066.
3. The Regional Provident Fund
4'
Commissioner-I (HRM), Employees'
Provident Fund Organization,
\
4 -
(Ministry of Labour & Employment,
Government of India), Bhavishya
Nidhi Bhawan, 14-Bhikaji Cama
Place, New Delhi - 110066.
t •1
The Central Provident Fund
Commissioner, Employees' Provident
Fund Organization, (Ministry of
Labour & Employment, Government
of India), Bhavishya Nidhi Bhawan,
14-Bhikaji Cama Place, New Delhi -
110066.
The Secretary, Central Board,
Employees' Provident Fund
Organization, (Ministry of Labour &
Employment, Government of India),
Bhavishya Nidhi Bhawan, 14-Bhikaji
Cama Place, New Delhi - 110066.
The Regional Provident Fund -
Commissioner, Employees' Provident
Fund Organization, Regional Office
of West Bengal, Sikkim, the
Andaman & Nicobar Islands, office at
D.K. Block, Sector-Il, Salt Lake City
(Karunamoyee), Kolkata - 700091.
7. The Assistant Provident Fund
Commissioner, Employees' Provident
Fund Organization, Circle - II,
Regional Office of West Bengal,
Sikkim, the Andaman & Nicobar
Islands, office at, D.K. Block, Sector-
II, Salt Lake City (Karunamoyee),
Kolkata - 700091.
Respondents.
1
No.O,A.350/327/2018 Date of order 05.03.2018
Coram Hon'ble Mr. A.K. Patnaik, Judicial Member
Hon'ble Dr. (Ms.) Nandita Chatterjee, Administrative Member
For the applicant : Ms. M. Mitra, counsel
Md. S. Jahan, counsel
For the respondents : None
ORDER(ORAL)
Mr. A.K. Patnaik, J.M. The instant O.A. has been filed by the applicant under Section 19 of the Central Administrative Tribunai S.Kct 1985 praying for the following reliefs .4 .- -
An order by granting leaveta±e'appJicantp movethe instant application without service upon the !esp6 StCE'nsidehng extreme urgency involved in the matter; .
:
An order directing the reij,ordèntscto cancel, quash, reject, withdraw and/or rescind from the impugned order of transfer bearing No. HRM- 111/1(1) /2017 /DPAs /Tranfer dated•-27.02.2018 isued by the Regional Provident Fund Commissioner-I (HRM), Employees' Provident Fund Organization, (Ministry of Labour & Employrrient, Government of India), without any delay;
An order directing the respondents not to take any step to transfer the petitioner from Kblkata prior to formulation of concern Rules;
An order directing the :respondents to produce/cause production of all the relevant records;
Any order or further order/orders as to this Hon'ble Tribunal may deem fit and proper."
2. Heard Ms. M. Mitra and Md. S. Jahan, Id. counsel for the applicant. None appears for the respondents.
2.7 .1 . Brief facts of the case as narrated by the Id. counsel for the applicant are that the applicant was appointed as Lower Division Clerk (LDC) under the ( Ministry of Defence; subsequently he was appointed to the post of Data Entry Operator (DEO) , Grade-A and thereafter by following the government policy he was placed to the post of Data Entry Operator (DEO) Grade-C in the year 2004. It is submitted by the Id. counsel for the applicant that on 20.05.2009 the Government created a new entry cadre of Data Processing Assistant (DPA) of Group C in the Electronic Data Processing (EDP) Cell under Employees' Provident Fund Organization and adopted a policy decision to abolish the posts of Data Entry Operator (DEO) and to converttheexisting bEOs into the new cadre of 4 , Data Processing Assistants (DPe.$); provided they have the prescribed qualification for the said posts of DPA. Ld. counsel for the applicant further submitted that it was decided _by the deØartment to give one time relaxation to the underqualified IDEOs toenha'nce their qualification as required for the posts of DPA and pursuant to"sad policy decision, the applicant having requisite qualification for the post Of¼DPA was re-designated as DPA and started functioning as DPA on and from 14.11.2009. However, Id. counsel for the applicant submitted that all on a sudden without following the norms the respondents have transferred the applicant to Port Blair vide order dated 27.02.2018(Annexure A/i). Being aggrieved by such action of the respondents, the applicant has approached this Tribunal seeking the aforesaid reliefs.
4. Ld. counsel for the applicant submitted that that the applicant has filed a representation dated 28.02.2018 (Annexure A/7) to the Respondent No.4 i.e. the Central Provident Fund Commissioner, Ministry of Labour & Employment, Government of India, Employees' Provident Fund Organisation, New Delhi 3
- ventilating his grievances therein, but no reply has been received from the respondents till date. Ld. counsel for the applicant submitted that the applicant would be satisfied for the present if a direction is given to the respondent No.4 to consider and dispose of the representation of the applicant dated 28.02.2018(AnnexUre A/7) as per rules and regulations governing the field within a specific time frame.
Though no notice has been given to the respondents we are of the view that it would not be prejudicial to either of the sides if a direction is given to the Respondent No.4 to consider and dispose of the representation of the applicant as per rules governing the fieid.w.ith'in a time frame.
Accordingly the. respondent N6.4 :i...3 the Central Provident Fund Commissioner, Ministry oftLaliouh&'En1ploVtent, Government of India, Employees' provident Fund OgaflisàtiOn, New Delhi is directed to consider and dispose of the representation of th&ápplicatit dated 28.02.2018(AnneXure A/7) as per the rules and regulatiônsifl f&ce by-passing a welIreasoned order within a period of six weeks from the -dati Of receipt of this-order, if such representation is still lying pending for consideration and communicate the decision to the applicant forthwith. After such consideration, if the decision of the respondents p goes in favour of the applicant, the consequential benefits may be given to the applicant within a period of six weeks from the date of taking decision in the matter. Status quo as on date, so far as continuance of the applicant is concerned, shall be maintained tilt disposal of representation dated 28.02.2018(AnneXure A/7) and communication of the decision to the applicant.
r 4 A U It is made clear that we have not gone into the merits of the case and all the points raised in the representation are kept open for consideration by the repondent authorities as per rules and guidelines governing the field.
As prayed by the Id. Counsel for the applicant, a copy of this order along with the paper book may be transmitted to the Respondent.No.4 by the Registry by speed post for which Id. counsel for the applicant shall deposit the cost within a week.
With the above observatipns the O.A. is disposed of. No order as to cost.
"
(Dr. N. Chatterjee) . ,.. (fPatnaH<)
Administrative Member Judicial Member
t;
ç'
sb . -