Central Administrative Tribunal - Ahmedabad
Jitendra Kumar vs Employees Providend Fund Organisation ... on 4 March, 2025
CENTRAL ADMINISTRATIVE TRIBUNAL
AHMEDABAD BECH
O. A No.16 of 2023
with
OA Nos.19, 23, 24, 42, 43, 44 & 45 of 2023
Dated this the 4th day of February, 2025.
Reserved on: 24.09.2024
Pronounced on: 04.03.2025
CORAM:
Hon‟ble Shri Jayesh V Bhairavia, Member (J)
Hon‟ble Dr. Hukum Singh Meena, Member (A)
OA No. 16/2023
1) Vipulkumar Maganbhai Patel
Male, Aged 42 years
Presently posted as Sr. SSA
Residing at C-301 Shivalik Heights
Tavra Road Zadeshwar Cross Road, Bharuch -392011
2) Sujeet Kumar Virendra Prasad
Male, Aged 39 years
Presently posted as Sr. SSA
Residing at C-210, Malhar Green City, Bharuch-392001
3) Rupeshkumar Tribhovanbhai Dhamal
Male, Aged 37 years
Presently posted as Sr. SSA
Residing at B-101, Narayan Arena,
Nr. Narayan Laxuria, Near GAIL Township,
Bharuch-392001.
4) Rajan Kumar Ram Suchit Sah
Male, Aged 37 years
Presently posted as Sr. SSA
Residing at C-223, Malhar Green City,
Bharuch-392001
5) Vijay Kumar Shankar Lal Shakya
Male, Aged 38 years
Presently posted as Sr. SSA
Residing at House No. 6 Bhartinagar Extention
Shaktinath Link Road, Near J B Mody Park
Sai Garden Bunglow, Bharuch-392001.
2 OA No. 16 of 2023
with
OA Nos. 19, 23, 24, 42, 43, 44 & 45 of 2023
6) Binay Radhe Shyam Prasad Ranjan
Male, Aged 40 years
Presently posted as Sr. SSA
Residing at B-116, Mangalya Residency,
Chavaj, Bharuch-392015.
7) Prashant Kumar Maheswar Mandal Abhigyan
Male, Aged 37 years
Presently posted as Sr. SSA
Residing at A 303 Dharm Nandan Complex,
Chavaj Chowkdi Bharuch-392001.
8) Dheeraj Kumar Shatrughan Malakar
Male, Aged 37 years
Presently posted as Sr. SSA
Residing at
05, Dev Darshan Residency,
JB Modi Park Road,
Near Allied School,
Bharuch -392001
....................Applicants
OA No. 19/2023
1. Manorath Kumar S/o Balram Ray
Male, Aged 38 years
Presently posted as Sr. SSA,
Residing at Tapi-A004, Veer Savarkar Heights,
Bhesan Road, Jahangirabad, Surat-395005
2. Avinash Kumar Morya S/o Ram Naresh Prasad
Male, Aged 41 years
Presently posted as Sr. SSA
Residing at A4/111, Shriji Residency,
Chhapra Bhata Road, Surat 394107
3. Kashi Nath S/o Tej Narayan Sah
Male, Aged 42 years
Presently posted as Sr. SSA Residing at 250,
Krishna Nagar Society, Ichhapore-3, Surat-394510
4. Sandip Priyadarshi S/o Janak Prasad Rai
Male, Aged 40 years,
Presently posted as Sr.SSA
Residing at C-302 Anjani Enclave,
Canal Road Jhangirpura, Near Vaishnodevi Height,
Surat-395005
3 OA No. 16 of 2023
with
OA Nos. 19, 23, 24, 42, 43, 44 & 45 of 2023
5. Amarjeet Kumar S/o Late Shri. Baliram Tiwari
Male, Aged 39 years
Presently posted as Sr. SSA
Residing at A/902, Sai Milap Residency,
Gaurav Path, Surat 395009
6) Kartik Kumar S/o Narayan Pal
Male, Aged 37 years
Presently posted as Sr. SSA,
Residing at L-301 Mahi Building Vir Sawarkar Height
Ugat Bhesan Road Jahangirabad Surat 395005
7) Shiv Shankar Kumar S/o Prayag Mahto
Male, Aged 42 years
Presently posted as Sr. SSA
Residing at A-601, Santvan Skyon,
Palanpur Canal Road, Surat 395009
8) Manoj Kumar S/o Bholi Prasad
Male, Aged 38 years
Presently posted as Sr. SSA
Residing at Saburi 303, Sai Darsan Residency,
Saroli, Surat 394520
9) Rajeev Kumar Gautam S/o Budheshwar Bhagat
Male, Aged 34 years
Presently posted as Sr. SSA
Residing at F301, Vaishnodevi Heights,
Near Samarpan Heights,
Canal Road, Jahangirpura, Surat 395005
10) Rajesh Kumar S/o Ram Chandra Prasad
Male, Aged 45 years
Presently posted as Sr. SSA
Residing at Flat No. K-303 Sai Pujan Residency,
Near Ranchhod Park, Jahangirpur, Surat-395005
11) Kaushal Kumar S/o Ghanshyam Singh
Male, Aged 40 years,
Presently posted as Sr. SSA,
Residing at Flat No.127, Siddheshwari Vally,
Olpad Road, Masma, Surat 394540
4 OA No. 16 of 2023
with
OA Nos. 19, 23, 24, 42, 43, 44 & 45 of 2023
12) Bhanu Pratap S/o Dadan Choudhary
Male, Aged 36 years
Presently posted as SSA Residing at E-203,
Neelkanth Residency, Palanpur Canal Road, Surat 395009
13) Shashi Shekhar S/o Prem Prakash Sinha
Male, Aged 37 years
Presently posted as SSA
Residing at A-604, Anand Avenue, Bhesan Road,
Jahangirabad, Surat 395005
14) Amit Kumar Anand S/o Rajendra Prasad Mahto
Male, Aged 36 years
Presently posted as Sr. SSA
Residing at C/503 Stuti Arista,
Palanpur Gam, Surat 395009
15) Nagendra Kumar Prasad S/o Mahavir Shaw
Male, Aged 41 years, Presently posted as Sr. SSA
Residing at D-303, Nilkanth Residency,
Palanpur, Surat 395009
16) Dharmraj Kumar S/o Chhotan Paswan
Male, Aged 40 years
Presently posted as Sr. SSA,
Residing at Vir Savarkar Heights L-701,
Mahi Building, Ugat Bhesan Road, Jahangirabar Surat-395005
17) Mitesh Parmar S/o Balubhai Parmar
Male, Aged 37 years
Presently posted as Sr. SSA
Residing at Erthan, Taluka Palsana, Surat, 394315
18) Sandeep Kumar Suman S/o Uday Kumar
Male, Aged 37 years
Presently posted as Sr. SSA
Residing at Flat No.B-903, Times Galaxy,
Canal Road Jahangirabad, Surat 395005
19) Amit Verma S/o Manoranjan Prasad Verma
Male, Aged 39 years
Presently posted as Sr. SSA
Residing at Flat No.C-903, Anand Avenue, Bhesan Road,
Palanpur Canal Road, Surat-395005
5 OA No. 16 of 2023
with
OA Nos. 19, 23, 24, 42, 43, 44 & 45 of 2023
20) Shashi Kapur Kumar S/o Shyam Narayan Prasad
Male, Aged 39 years
Presently posted as Sr. SSA Residing at MIG-D-102,
Ganesh Residecy Ganeshpura Amroli Surat 394107
21) Mithilesh Kumar S/o Kishor Kumar Mandal
Male, Aged 37 years
Presently posted as Sr. SSA Residing at A 802,
Shyam Enclave, Jahangirabad, Surat 395005
22) Anand Kumar Saxena S/o Rajendra Kumar
Male, Aged 42 years,
Presently posted as Sr. SSA,
Residing at MIG D-104, Mindhola Building,
Veer Savarkar Heights, Bhesan Road, Jahangirabad,
Surat-395005
23) Yugal Kumar S/o Nandu Prasad
Male, Aged 43 years
Presently posted as Sr. SSA
Residing at A 803 Shyam Enclave,
Jahangirabad, Surat 395005
24) Rekha Chouhan W/o. Dharmendra
Female, Aged 33 years
Presently posted as Sr. SSA
Residing at E-1201, Pramukh Arnya II,
Godadra, Surat 395012
25) Bhaskar Deo S/o Charan Prasad
Male, Aged 43 years, Presently posted as Sr. SSA
Residing at K-301, Sai Pujan Residency,
Near Ranchhod Park, Jahangirpura, Surat 395005
26) Sourav Bhattacharya S/o Ashwani Bhattacharya
Male, Aged 33 years, Presently posted as Sr. SSA
Residing at A-404, Vasupujya '15' Pavilions,
Canal Road, Jahangirabad,
Surat 395005
...................Applicants
6 OA No. 16 of 2023
with
OA Nos. 19, 23, 24, 42, 43, 44 & 45 of 2023
OA No. 23/2023
1. Satyen S/o Bhopal Chand Mehta
Male, Aged 39 years, Presently posted as Sr. SSA
Residing at Plot No 21 Brookfield Boulevard
Bhimpura Chokdi, Sherkhi Vadodara 391340
2. Anil Gupta S/o Laxman Gupta
Male, Aged 36 years, Presently posted as Sr. SSA
Residing at Krishna Shanti Society
Near Mujmahuda Circle
Akota Vadodara 390020
3. Anjana W/o Rajeshkumar Rathava
Female, Aged 44 years,
Presently posted as Sr. SSA
Residing at D 107 Vrajvill Parivar Char Rasta
Waghodiya Road Vadodara 390025
4. Ashok Kikubhai Pardhi Male, Aged 47 years
Presently posted as SSA
Residing at B/55,Surbhipark, Nr Saurabh park
Subhanpura, Vadodara 390023.
5. Brajesh Kumar S/o Late Shri Raghubir Singh
Male, Aged 44 years,
Presently posted as SSA
Residing at K-401, Viram Apppartment,
Near GEB Sub Sstation, Samiyala Vadodara 391410
6. Deepak Kumar S/o Bhawesh Chandra Rai
Male, Aged 40 years,
Presently posted as Sr. SSA
Residing at 206, Yagnapurush Residency
Near CM Patel farm, Kalali, Vadodara 390012
7. Deepak Kumar S/o Madan Prasad
Male, Aged 38 years,
Presently posted as Sr. SSA
Residing at B 203 Viram Apartment
Nr. GEB Sub-Station, Samiyala Vadodara 391410
8. Devendra Kumar Soni S/o Kundan Mal Soni
7 OA No. 16 of 2023
with
OA Nos. 19, 23, 24, 42, 43, 44 & 45 of 2023
Male, Aged 42 years,
Presently posted as SSA
Residing at B-201 Krishna Darshan Appartment,
Behind Amod Stamping
Samilyal Vadodara 391410
9. Dharmendra Kumar Sinha S/o Late Shri Surendra Prasad
Male, Aged 36 years,
Presently posted as Sr. SSA
Residing at F-201 Nand Residency Near Amra Residency
Air Force Road Makarpura Vadodara 390014
10. Dharmesh Vyas S/o Prabhakarbhai
Male, Aged 54 years, Presently posted as SSA
Residing at B-6, Durga Darshan Duplex,
Laxmipura, Vadodara 390016
11. Dhiraj Kumar S/o Nand Kishor Prasad
Male, Aged 41 years,
Presently posted as Sr. SSA
Residing at 223 Sanskrti Aangan,
Nr Satyam Tenament, Bil Sokhda Road,
Behind Bil Village, Vadodara 391410
12. Dineshbhai Somabhai Solanki
Male, Aged 55 years,
Presently posted as SSA
Residing at Bakrawadi Madanzapa
Road Opp. Ramapir Tempal Vadodara 390001
13. Dipendra Singh S/o Bangali Singh
Male, Aged 42 years,
Residing at posted as Sr. SSA
Presently D 104 Viram Apartment,
Nr Geb Sub Station, Padra Road, Samiyala,
Vadodara 391410
14. Gaytri Pradipsinh Chudasama
Female, Aged 47 years,
Presently posted as Sr. SSA
Residing at 52, Samruddhi Society
Opposite Ruturaj Complex
Vasna Road Vadodara 390007
8 OA No. 16 of 2023
with
OA Nos. 19, 23, 24, 42, 43, 44 & 45 of 2023
15. Gunanidhi Pratapsingh S/o Jagannath Pratapsingh
Male, Aged 52 years,
Presently posted as Sr. SSA
Residing at B3-102 Royal Villa,
B/h Air Force Station, Makarpura,
Vadodara-390014
16. Jay Kumar Namdeo
Male, Aged 42 years,
Presently posted as Sr. SSA
Residing at C-11 Second Floor Jayaram Society
Akota Vadodara 390020
17. Jitesh Kumar S/o Late Shri Dinesh Prasad Karan
Male, Aged 46 years,
Presently posted as Sr. SSA
Residing at B-18, Shree Bhakti Tenement,
Sun Pharma Road, Atladra, Vadodara -390012
18. Kishori Prasad S/o Late Hari Saw
Male, Aged 56 years,
Presently posted as Sr. SSA
Residing at House No. A-1/19 Yogi Residency
B/h Ghanshyam Park Society,
Nr.Madhav Park Society
Tarsali Vadodara 390009
19. Kumar Dhirendra S/o Kamal Kishor Jha
Male, Aged 38 years,
Presently posted as Sr. SSA
Residing at 44 Angel Bliss Society,
Bill Road, Bill, Vadodara 391410
20. Madan S/o Rupsingbhai Rathwa
Male, Aged 48 years,
Presently posted as Sr. SSA
Residing at B-20 Hiranagar Society,
Near Akshar Chowk, Vadodara-390020
21. Manoj Thakorbhai Rami
Male, Aged 51 years,
Presently posted as Sr. SSA
Residing at 60, Ramkrishna Society,
Manjalpur, Vadodara-390011
9 OA No. 16 of 2023
with
OA Nos. 19, 23, 24, 42, 43, 44 & 45 of 2023
22. Meenabahen Snehalkumar Vasava
Female, Aged 36 years
Presently posted as Sr. SSA
Residing at B 132 Shubh Residency
Near Kapurai Chokdi Ratanpur
Vadodara 390004
23. Mithilesh Kumar S/o Ved Prakash Jaiswal
Male, Aged 43 years
Presently posted as Sr. SSA
Residing at Angel Bliss 27,
Opp Silchar Company, Bil Vadodara 391410
24. Nagendra Kumar S/o Bomshankar Baranwal
Male, Aged 44 years
Presently posted as Sr. SSA
Residing at A/37, Tulsi Green Duplex,
Nr. Makarpura Railway Station Maneja Vadodara 390013
25. Natvarlal Mistry S/o Dahyabhai Morarbhai
Male, Aged 54 years
Presently posted as SSA
Residing at B 31 Abhishek Tenament,
Opp Yash Complex, Gotri Road Vadodara 390023
26. Neeraj Kumar Singh S/o Narendra Kumar
Male, Aged 57 years
Presently posted as Sr. SSA
Residing at B-204, Viram Apartment,
Near GEB Sub-station, Padra Road, Vadodara 391410.
27. Nirali W/o Gopalbhai Patel
Female, Aged 42 years, Presently posted as Sr. SSA
Residing at 39 Shivanshu Bungalows,
Nr Raneshvar Mandir, Vasana Road, Vadodara 390007
28. Nitin S/o Krishnakumar Mandela
Male, Aged 39 years,
Presently posted as Sr. SSA
Residing at 403 Shiv Ratna Avenue
Nr. Ashok Colony, RV Desai Road
Vadodara 390001
10 OA No. 16 of 2023
with
OA Nos. 19, 23, 24, 42, 43, 44 & 45 of 2023
29. Om Prakash S/o Chota Ram
Male, Aged 38 years, Presently posted as Sr. SSA
Residing at B 301 Krishna Darshan Society,
B/h Amod Stamping Factory, Near Gemini society,
Samiyala, Padra Road, Vadodara 391410
30. Paresh S/o Govindlal Rabari Male,
Aged 40 years, Presently posted as SSA
Residing at A/35 Aradhna Duplex Samta Road
Subhanpura Vadodara 390023
31. Pawan Kumar S/o Kanhai Gosai
Male, Aged 42 years, Presently posted as Sr. SSA
Residing at F 75 Amrapali Township,
Maneja, Vadodara 390013
32. Prabhat Kuberbhai Makwana
Male, Aged 49 years, Presently posted as Sr. SSA
Residing at 36 Laxminarayan Society,
Atladra Vadodara 390020
33. Pramod Kumar S/o Ayodhya Prasad
Male, Aged 41 years, Presently posted as Sr. SSA
Residing at B/201, Akshar Ariyaa,
Near Nilamber Orion Bunglows,
Beside Vida Flat, Sun-Pharma Road, Vadodara-390012
34. Prashant Kumar S/o Shambhunath gupta
Male, Aged 42 years,
Presently posted as SSA
Residing at A 201 Krishan Darshan Apartment
B/h Amod Stamping, Samiyala Vadodara 391410
35. Rabin S/o Late Upendra Nath Mondal
Male, Aged 52 years,
Presently posted as Sr. SSA
Residing at, D- Vraj Residency, Makarpura, Vadadara-390014
36. Rajesh Kumar S/o Ramawatar Prasad
Male, Aged 44 years, Presently posted as SSA
Residing at A-96, Sahjanand Duplex,
Lotus court Road Kalali Vadodara-390012
11 OA No. 16 of 2023
with
OA Nos. 19, 23, 24, 42, 43, 44 & 45 of 2023
37. Raksha Vasava D/o Mansukhbhai
Male, Aged 56 years, Presently posted as SSA
Residing at A/9 Krishna Park Society,
Near Vasna Village, Vadodara 390015
38. Ram Shanker Prasad S/o Shree Kedar Prasad
Male, Aged 42 years, Presently posted as SSA
Residing at E-104 Viram Apartment
Nr. GEB Sub Station Padra Road, Vadodara 391410
39. Ramesh Naginbhai Rathwa
Male, Aged 52 years, Presently posted as Sr. SSA
Residing at 12, Shrenathji Dham,
Near Bansal Duplex Waghodia
Vadodara 390025
40. Raushan Kumar S/o Late Shiv Kumar Lal
Male, Aged 40 years,
Presently posted as SSA,
Residing at 67, Aurovista Bunglow,
Near Devine Glaxy, Opp. CM Patel Farm House,
Kalali, Vadodara 390012
41. Rima Jagdishbhai Patel
Female, Aged 50 years,
Presently posted as SSA,
Residing at 56 Saundrya Bunglow Opp,
St Kabir School Vasna Road Vadodara 390015
42. Ritesh Kumar Sinha
Male, Aged 41 years,
Presently posted as Sr. SSA,
Residing at C-17 Aatmiya New County Duplex
Besides Haveli Resi Cum Plaza
Makarpura Vadodara 390014
43. Sanjay Kumar S/o Arjun Pradad
Male, Aged 42 years,
Presently posted as SSA,
Residing at D-302 Radhey Residency,
Nr Royal Garden Air Force Makarpura,
Vadodara 390014
12 OA No. 16 of 2023
with
OA Nos. 19, 23, 24, 42, 43, 44 & 45 of 2023
44. Shambhu Kumar S/o Hira Pandit
Male, Aged 43 years,
Presently posted as Sr. SSA,
Residing at House No.209,
Sanskirti Agan Society,
Near Satyam Tenament, Bil, Vadodara 391410
45. Sonal Manaharlal Patel
Female, Aged 41 years, Presently posted as Sr. SSA,
Residing at B-29 Shivalay Residency,
Nr. Laxmipura Talav, Laxmipura, Gotri, Vadodara. 390021
46. Suman Kumar S/o Sitaram Sah
Male, Aged 42 years,
Presently posted as Sr. SSA,
Residing at 220 Sanskruti Aangan, Bill Vadodara. 391410
47. Sumit S/o Ghanshyam Parmar
Male, Aged 57 years, Presently posted as SSA,
Residing at B 304 Krishna Darshan Society,
Behind Amod Stamping Factory,
Near Gemini Society, Samiyala, Padra Road, Vadodara 391410
48. Surendra Kapoor S/o Rameshwar Prasad,
Male, Aged 40 years,
Presently posted as Sr. SSA,
Residing at K-81/82 Krishna Santi Society,
Near Madhav Nagar Garden, Akota, Vadodara 390020
49. Sushil Kumar S/o Maheshwar Prasad
Male, Aged 41 years,
Presently posted as Sr. SSA,
Residing at B 18, Kanha Bunglows,
Near Sant Basil School, Jambuva, Vadodara 390013
50. Vikram Kumar Shrivastava
Male, Aged 40 years, Presently posted as SSA,
Residing at House No 6 Sanskriti Aangan,
Bil Vadodara 391410
13 OA No. 16 of 2023
with
OA Nos. 19, 23, 24, 42, 43, 44 & 45 of 2023
51. Shailesh Paulbhai Parmar
Male, Aged 49 years, Presently posted as Sr. SSA
Residing at E/2 Natasha Park, Chhani Road,
Vadodara 391740.
52. Sandeep Nath S/o Sidheshwar Verma
Male, Aged 45 years,
Presently posted as Sr. SSA,
Residing at B-202 Krishna Darshan Society,
Samiyala Vadodara 391410
53. Hirkam Singariyabhai Rathwa
Male, Aged 54 years Presently posted as Sr. SSA,
Residing at 72 Patel Faliyu, Nanvata,
Vadodara 390001
........Applicants
OA 24/2023
1) Asifhusein Mahmadbhai Sheikh
Male, Aged 46 years
Presently posted as Sr. SSA
Residing at Simran, 4 Subhashnagar, Near Alina Apartment,
B/h. City Center, Raiya Road, Rajkot-360007
2) Amarjit Singh Ramayan Singh
Male, Aged 50 years
Presently posted as Sr. SSA
Residing at Shanti Niketan Avenue,
D-3, B/H, Alap Green City, Raiya Road, Rajkot - 360 007
3) Anit Kumar Anilkumar Sinha
Male, Aged 37 years
Presently posted as SSA
Residing at Sopan heights,
Flat no. D-204, Raiya Dhaar, Raiya Road, Rajkot-360 005
4) Anshul Jaisingh Gehlot
Male, Aged 36 years
Presently posted as SSA
Residing at D-701 Shilpan Reva, Toral Park,
Uma Sadan Road, University Road, Rajkot 300005
14 OA No. 16 of 2023
with
OA Nos. 19, 23, 24, 42, 43, 44 & 45 of 2023
5) Apurva Govindbhai Patidar
Male, Aged 40 years
Presently posted as Sr. SSA
Residing at Plot No.118, Satyanarayan Nagar,
Vidi Road, Anjar, Kutch, 370110
6) Bikas Numar Indramohan Jha
Male, Aged 45 years
Presently posted as Sr. SSA
Residing at Block No. 7, Shanti Niketan Avenue,
Behind Alap Green City, Raiya Road, Rajkot-360 007
7) Bikashkumar Shiv Shankar Prasad
Male, Aged 33 years
Presently posted as SSA
Residing at Sopan height, Flat No. C 702,
Opp. Dream City, Raiya Road, Rajkot-360007
8) Chandramauli Anilkumar Chhaya
Male, Aged 47 years
Presently posted as Sr. SSA
Residing at B/8, Shantiniketan Park-1,
Nr. JMC Nagar, Raiya Circle, Raiya Road, Rajkot-360007
9) Debjit Bidyut Bhattacharya
Male, Aged 52 years
Presently posted as SSA
Residing at : Sopan Heights, Phase 2,
Flat No. 1-1102, Near Dream City, Raiyadhar, Rajkot 360007
10) Devendrakumar Virendraji Gohel
Male, Aged 47 years
Presently posted as Sr. SSA
Residing at Avadh, Triveni Katmachari Society, Street no. 2, Uma
Stone Street, Opp. Savgun Kanya Chhatralay, Sadhu Vaswani
Road, Rajkot 360005
11) Dharmendra Kumar Bigansingh
Male, Aged 43 years
Presently posted as Sr. SSA
Residing at Shanti Niketan Avenue,
Block No C/3, Near Indraprasth Nagar, B/h. Alap Green City,
Raiya Road, Rajkot-360007
15 OA No. 16 of 2023
with
OA Nos. 19, 23, 24, 42, 43, 44 & 45 of 2023
12) Dharmendra Kumar Rajkishor Prasad
Male, Aged 38 years
Presently posted as SSA
Residing at : Millennium Heights, Raiya Road, Rajkot-360005.
13) Dinesh Jivanbhai Dabhi
Male, Aged 57 years
Presently posted as SSA
Residing at Navagam, Rajkot 360 320.
14) Harshad Laljibhai Solanki
Male, Aged 52 years
Presently posted as Sr. SSA
Residing at : Dwarkesh Park, Sal Sadan,
Street No. 7, B/h. Alap Green City, Raiya Road, Rajkot-360 007
15) Hemant Nankishorbhai Kanojia
Male, Aged 49 years
Presently posted as Sr. SSA
Residing at Gondal House,
Near Jaihind Press, Babubhai Shah Marg, Rajkot - 360 001
16) Hemant Rajeshwarsingh Kachhwaha
Male, Aged 36 years
Presently posted as SSA
Residing at D 703, Shilan Reva, University Road, Rajkot, 360 005
17) James S/o Mathai
Male, Aged 50 years
Presently posted as Sr. SSA
Residing at : Opp Dholakiya School, University Road,
Rajkot - 360 005
18) Jaydeepsinh Parbatsinh Jadeja
Male, Aged 44 years
Presently posted as Sr. SSA
Residing at "Bharat bhuvan", Shardanagar Society,
Block No. 4/C, Street No. 1, University Road, Rajkot 360 05.
19)Jigna Rajesh Karnik
Female, Aged 46 years
Presently posted as Sr. SSA
Residing at Karnik House, 8 Junction Plot, Rajkot-360 001
16 OA No. 16 of 2023
with
OA Nos. 19, 23, 24, 42, 43, 44 & 45 of 2023
20) Karshan Jivabhai Gojiya
Male, Aged 52 years
Presently posted as Sr. SSA
Residing at 163, Ravi Residency, 150 ft Ring Road,
B/h. Sterling Hospital, Gandhigram, Rajkot-360 001
21) Kashmira Shubhang Mankad
Female, Aged 48 years
Presently posted as Sr. SSA
Residing at 32-A, 3 Vidyutnagar Society,
Opp. Astron Society, Rajkot - 360 001
22) Kaushik Chandulal Bosamia
Male, Aged 49 years
Presently posted as Sr. SSA
Residing at D-94, Shastri Nagar Ajmera,
Nana Mava Road, Rajkot - 360 005
23) Ketan Mohansing Vagadia
Male, Aged 38 years
Presently posted as Sr. SSA
Residing at Sanket, Gandhinagar, 5, Raiya Road, Rajkot - 360 007
24) Lalit Babalal Chouhan
Male, Aged 39 years
Presently posted as SSA
Residing at J-402, Sopan Heights, Phase - 11,
Opp. Dream City, Raiyadhar Rajkot-360 007
25) Mahesh Gulabrai Goyal
Male, Aged 57 years
Presently posted as Sr. SSA
Residing at 'Parth', 1 Shiv Park
Nr. Meeranagar, Raiya Road Rajkot 360007
26) Manish Kantilal Gauri
Male, Aged 53 years
Presently posted as Sr. SSA
Residing at 59, Digvijay Plot, Gayatri, Jamnagar 361005
17 OA No. 16 of 2023
with
OA Nos. 19, 23, 24, 42, 43, 44 & 45 of 2023
27) Mita Moloy Bagachi
Female, Aged 50 years
Presently posted as Sr. SSA
Residing at 39 Anand Society Nawagam Ghed Jamnagar 361008
28)Milan Bhanjibhai Kadivar
Male, Aged 45 years
Presently posted as Sr. SSA
Residing at 144, Nand Parisar, Nr Nand Vihar,
Opp. RMC Garden, Sadhu Vasvani Road, Rajkot-360005
29) Mukesh Mangalchand Saini
Male, Aged 36 years
Presently posted as SSA
Residing at : D-704, Shilpan Reva, Wing -D,
Uma Sadan Road, JK Chowk, Rajkot 360 005
30) Nilesh Kamalnayan Mehta
Male, Aged 55 years
Presently posted as Sr. SSA
Residing at Vir Darshan,
Upashray Street, 2-Git Gurjari Society,
Near Air Port, Rajkot-360007
31) Nilesh Pravinchandra Kotak
Male, Aged 49 years
Presently posted as Sr. SSA
Residing at D-404, Sopan Heights Phase, 1,
Opp. Dream City, Near Raiya, Water Tank, Rajkot 360007
32) Nilesh Sureshchandra Gotecha
Male, Aged 45 years
Presently posted as Sr. SSA
Residing at Jalaram Krupa, 5A,
Saurashtra Kala Kendra, Rajkot 360007
33) Parsaram Jogaram Deora
Male, Age 37 years
Presently posted as SSA
Residing at Ravi Ratna Park Apartment, C-2, Flat No.16,
Street No.05, University Road, Rajkot-360005
18 OA No. 16 of 2023
with
OA Nos. 19, 23, 24, 42, 43, 44 & 45 of 2023
34)Pinakin Bhaunshanker Vyas
Male, Aged 50 years
Presently posted as Sr. SSA
Residing at "Shantivan", 108, Naryan Nagar,
Opp, Satya Sai Heart Hospital, Kalawad Road, Rajkot 360005
35)Pramod Kumar Ranjeet Kumar
Male, Aged 38 years
Presently posted as SSA
Residing at Sopan Heights, Phase 2, Flat No. I-403,
Raiya Hill Near Dream City, Rajkot 360007
36)Prashant Mohansinh Solanki
Male, Aged 37 years
Presently posted as SSA
Residing at Shilpan Reva, D-702,
Uma Sadan Road, Near Toral Park,
University Road, Rajkot 360005
37)Prateekraj Singh Pramodsinghji
Male, Aged 35 years
Presently posted as SSA
Residing at Shivdham Society, Street No. 3, Vimal Nagar
Main Road, Rajkot - 360 005
38) Pratik Kumar Mukundray Pandya
Male, Aged 34 years
Presently posted as Sr. SSA
Residing at Matru Ashish, 5-Bhoomeshwar Co.Op. Society,
Nr, Satyaprakash School, B/h. Radio Colony,
Jamnagar Road, Rajkot - 360 006
39) Raj Ratan Nemaram Sankhla
Male, Aged 33 years
Presently posted as SSA
Residing at Rajlaxmi Apartment, Raiya Road, Rajkot-360 007
40) Rajni Darshan Kharod
Female, Aged 37 years
Presently posted as SSA
Residing at B-404, Aaryaland Residency, Opp. Shyamal Skylife,
Nana Mava Road, Rajkot-360 005
19 OA No. 16 of 2023
with
OA Nos. 19, 23, 24, 42, 43, 44 & 45 of 2023
41) Ramesh Ghanshyam Bhati
Male, Aged 41 years
Presently posted as Sr. SSA
Residing at I-602, Sopan Heights, Phase-II,
Opp Dream City Raiya Road, Rajkot-360 007
42) Rohit Paramvirsingh Yadav
Male, Aged 40 years
Presently posted as SSA
Residing at Greenwoods, Flat No. 101,
B, Chandan Apartment, University Road, Rajkot-360 005
43) Rushikesh Vinodrai Desai
Male, Aged 47 years
Presently posted as Sr. SSA
Residing at Block No 49, Parijat Residency, Rajkot-360007
44) Sangita Vipul Vora
Female, Aged 49 years
Presently posted as Sr. SSA
Residing at Matoshree, 3, Bharatiya Nagar,
Ramapir Chokdi, Rajkot-360 007
45)Santosh Ishwarbhai Patel
Male, Aged 48 years
Presently posted as Sr. SSA
Residing at D-79, Alap Heritage,
Near Satya Sai Heart Hospital, Kalawad Road, Rajkot-360005
46) Shailesh Labhshankar Vyas
Male, Aged 57 years
Presently posted as SSA
Residing at Sanjay Vatica, Avsar Flat, Rajkot-360007
47)Shashank Shekhar Awadhbihariprasad
Male, Aged 41 years
Presently posted as Sr. SSA
Residing at Arihant Avenue "C" Flat B-601,
Nageshwar Rajkot-360007
48) Ilaben Narendrabhai Seth
Female, Aged 53 years
Presently posted as Sr. SSA
Residing at Behind PDM College, Swamimaryan Chowk, Rajkot
360004
20 OA No. 16 of 2023
with
OA Nos. 19, 23, 24, 42, 43, 44 & 45 of 2023
49) Sunil Dhirendrasingh Kachhwaha
Male, Aged 39 years
Presently posted as SSA Residing at D-401, Aadarsh Dream,
Ambica Township, Mavdi, Rajkot-360005
50)Vijay Shamjibhai Kadvatar
Male, Aged 40 years
Presently posted as Sr. SSA
Residing at Nehrunagar, 5, Mai Krupa, Rajkot - 360 007
51) Vimal Mahendrabhai Oza
Male, Aged 46 years
Presently posted as Sr. SSA
Residing at D-15, Maninagar, Raiya Road, Rajkot - 360 007
52) Vimal Tribhovanbhai Rathod
Male, Aged 35 years
Presently posted as Sr. SSA
Residing at 4-Shivam Society
B/h. MG Hospital, Nr. Kansara Boarding, Surendranagar - 363 001
53) Vipul Maheshbhai Patel
Male, Aged 52 years
Presently posted as Sr. SSA
Residing at 15-AA, Osacar Residency, Near Nanavati Chowk,
150 Ft. Ring Road, Rajkot - 360 007
54) Bharat Jamnadas Vithlani
Male, Aged 45 years
Presently posted as SSA,
Residing at 402, Keval Dham Apartment,
Vishwkarma Society, Rajkot- 360 007
55)Darshit Chamdulal Kundalia
Male, Aged 48 years
Presently posted as Sr. SSA
Residing at Block No. 52, AG Society,
Kalawad Road Rajkot- 360005
.......Applicants
21 OA No. 16 of 2023
with
OA Nos. 19, 23, 24, 42, 43, 44 & 45 of 2023
OA 42/2023
1) Lakshman Kumar S/o. Ramdeo Singh
Male, Aged 45 years
Presently posted as Sr. SSA
Residing at :E-305 Devraj Residency
New Naroda, Ahmedabad 382330
2) Kuldeep Sadhuram Mulchandani
Male, Aged 47years
Presently posted as Sr. SSA
Residing at : A-407 Minaxi Avennue
Bunglow Area, Kubernagar Ahmedabad 382340
3) Nilesh Veljibhai Pandav
Male, Aged 46 years
Presently posted as Sr. SSA
Residing at : 28 New Nakalang Tenament
Naroda Ahmedabad 382340
4) Hina Hemantkumar Vadsmiya
Female, Aged 43 years
Presently posted as Sr. SSA
Residing at 149/1170 GHB
Kalapinagar, Asarva
Ahmedabad 380016
5) Chandrakant Kalidas Solanki
Male, Aged 53 years
Presently posted as Sr. SSA
Residing at F/207, Prabhakar Tenament
Saijpur Ahmedabad 382345.
6. Aji Kuruvilla Varghese
Male, Aged 46 years Presently posted as Sr. SSA
Residing at : E-14, Suvas Apartment, Nr Gulab Tower,
Sola Road Ahmedabad 380060.
7. Amit Dhirubhai Vaghela
Male, Aged 41 years
Presently Posted as Sr. SSA
Residing at : A 56 Gitanagar Society
Viratnagar Ahmedabad 380038
22 OA No. 16 of 2023
with
OA Nos. 19, 23, 24, 42, 43, 44 & 45 of 2023
8) Rajesh Ranjan
S/o Birendrakumar Sinha
Male, Age 43years
Presently posted as Sr.SSA
Residing at : G-307 Devraj Residency,
New Naroda, Ahmedabad 382330
9) Manubhai Haribhal Gandhi
Male, Aged 35 years
Presently posted as Sr. SSA
Residing at C-183 Nayanagar Ahmedabad 382481
10) Prashant Amratlal Parmar
Male, Aged 39 years
Presently posted as Sr. SSA
Residing at 2 Sachidanad Society,
Bharghav Road, Ahmedabad 382340
11) Kanubhai Dahyabhai Sharma
Male, Aged 50 years
Presently posted as Sr. SSA
Residing at B-19 Suraj Bunglow
Naroda Ahmedabad 382340
12) Sanket Kamleshbhai Telear
Male, Aged 34 years
Presently posted as Sr. SSA
Residing at C-50 Dharnidhar House
Parshwanath, Ahmedabad 382345
13) Sanjeev Suman S/o Ramchandra Prasad
Male, Aged 41 years
Presently posted as Sr. SSA,
Residing at C-405 Devraj Residency
New Naroda, Ahmedabad 382345
14) Ramshankar Singh S/o Ram Narayan Mahto
Male, Aged 43 years,
Presently posted as SSA
Residing at E-402 Devraj Residency
New Naroda, Ahmedabad 382345
23 OA No. 16 of 2023
with
OA Nos. 19, 23, 24, 42, 43, 44 & 45 of 2023
15) Christina Johnson Christian
Female, Aged 51 years
Presently posted as Sr. SSA
Residing at 18 Shrenik Nagar Society
Bapunagar, Ahmedabad 380024
16) Urvesh Priyankar S/o Kartikeya Priyankar
Male, Aged 34 years
Presently posted as Sr.SSA
Residing at B-215 Prabhakar Tenament,
Saijpur Naroda Ahmedabad 382345
17) Chandan Kumar S/o Shyam Sundar Prasad
Male, Aged 37 years
Presently posted as Sr.SSA
Residing at C1/52 Nirman Complex,
RC Technical Road, Ahmedabad 380061
18) Kalpesh Ladharam Sevkani
Male, Aged 56 years
Presently posted as Sr. SSA
Residing at E-9 Kubernagar, Ahmedabad 382340
19) Chaina Ram S/o Hemaram
Male, Aged 32 years
Presently posted as Sr. SSA
Residing at C-404 Devraj Residency
New Naroda Ahmedabad 382330
20) Binay Shrivastav S/o Akshay Narayan Prasad
Male, Aged 54 years
Presently posted as Sr. SSA
Residing at B-139 Karnavati Nagar Society
Bapa Sitaram Chowk,
Nava Naroda 382345
.........Applicants
OA/43/2023
1) Jitendra Kumar S/o Ramesh Chandra
Male, Aged 38 years
Presently posted as Sr. SSA
Residing at 284, Sidhnath nagar, Bharuch-392001
24 OA No. 16 of 2023
with
OA Nos. 19, 23, 24, 42, 43, 44 & 45 of 2023
2) Dinesh S/o Sohan Lal
Male, Aged 40 years
Presently posted as Sr. SSA
Residing at F-1, Modi Tower, Opp.
Narmada Channel, Shaktinath, Bharuch-392001
3) Manish S/o Mohanlal Karamchandani
Male, Aged 36 years
Presently posted as Sr. SSA
Residing at
F-1, Modi Tower, Opp. Narmada Channel,
Shaktinath, Bharuch-392001
.......................... Applicant
OA/44/2023
1) Dhirajkumar S/o Kailash Prasad
Male, Aged 38 years
Presently posted as Sr. SSA Residing at A-70.
Laxminarayan Nagar,
Near Narayan School, Bharuch-392001
2) Jagvir S/o Jagdish Singh
Male. Aged 32 years
Presently posted as Sr. SSA Residing at B-117 Mangaliya
Residency,
Chavaj Road Bharuch-392015
3) Virendra Singh S/o Chunnilal Tak
Male. Aged 39 years
Presently posted as Sr. SSA
Residing at
B-100 Mangalya Residency.
Chavaj Road, Bharuch-392015
4) Mahendra Singh S/o Jawari Lal Deora
Male. Aged 31 years
Presently posted as Sr. SSA
Residing at
B-121, Mangliya Residency,
Chavaj, Bharuch-392015
5) Dalpat S/o Ramsingh Sankhla
Male, Aged 33 years Presently posted as Sr. SSA
Residing at B-89, Mangliya Residency.
Chavaj. Bharuch-392015
6) Amra Ram S/o Rama Kishan Deora
Male. Aged 34 years Presently posted as Sr. SSA
Residing at 13-130, Mangliya Residency.
Chavaj. Bharuch-392015
25 OA No. 16 of 2023
with
OA Nos. 19, 23, 24, 42, 43, 44 & 45 of 2023
7) Manish S/o Jayant Kumar
Male, Aged 37 years Presently posted as SSA
Residing at A 17 Narayan Nagar 4.
Behind Manishanand Society.
Near Shambhu -Diary, Bharuch-392001
8) Vinish Soni S/o Rajendra Soni
Male. Aged 37 years
Presently posted as Sr. SSA
Residing at
B-94, Mangaliya Residency,
Chayaj. Bharuch-392015
9) Anupam Kumar S/o Kapildev Prasad
Male. Aged 40 years Presently posted as SSA Residing at A-52,
Maitri Nagar,
Bholav, Bharuch-392001
10) Deepak Kumar S/o Arun Mahto
Male, Aged 38 years
Presently posted as Sr. SSA
Residing at
1-5, Sardar Apartment, Lallubhai
Chakla. Bharuch-392001
11) Pramod Kumar
S/o Indradev Prasad Sinha
Male, Aged 37 years
Presently posted as Sr. SSA
Residing at A-9, Narayan Nagar 2.
Shaktinath Circle, Bharuch 392001
12) Radha Raman Bhushan
S/o Late Raghuvir Prasad Singh
Male. Aged 38 years
Presently posted as SSA
Residing at 484,Siddnath Nagar Society,
Near Ambica Mandir.Bharuch-392001
13) Ravi Rajan Kumar
S/o Saryu Prasad
Male. Aged 40 years
Presently posted as SSA
Residing at 469, Sidhhnath Nagar Society, Bharuch-392001
14) Veerendra Kumar S/o Gauri Shankar Singh
Male. Aged 39 years
Presently posted as Sr. SSA Residing at A11,
Ashapuri Society. Near Rachana Naga 5, Bharuch-392001
26 OA No. 16 of 2023
with
OA Nos. 19, 23, 24, 42, 43, 44 & 45 of 2023
15) Sujit Kumar Shrivastava
S/o Murari Prasad
Shrivastava Male, Aged 38 years
Presently posted as Sr. SSA
Residing at
A/8.Narayan Naga-2,
Near Shaktinath, Bharuch-392001
.................. Applicants
OA/45/2023
1) Shailesh Goswami S/o
Male, Aged 48 years
Presently posted as Sr. SSA
Residing at B 201 Saral Parivesh, IOC road,
Chandkheda, Ahmedabad 382424
2) Pillai Saravanan Moorthi
Male, Aged 55 years
Presently posted as Sr. SSA
Residing at A/1/104 Karnavati Apartment 3,
Maninagar, Ahmedabad-380008
3) Dilip Bhardwaj S/o
Male, Aged 44 years
Presently posted as Sr. SSA
Residing at A/409, Shivalaya Residency
Nr Bhulabhai Park Police Chowki
Ahmedabad 380022
4) Pragnesh Patel S/o
Male, Aged 50 years
Presently posted as SSA
Residing at 82. Harishchandra Park
Vibha Vijaynagar Pragatinagar Road Naranpura
Ahmedabad 380013.
5) Jitendrakumar Nemchandbhai Dekate
Male, Aged 44 years
Presently posted as SSA
Residing at C/505, Devnandan Residency.
Nr. Gangotri Bunglow,
Nikol, Ahmedabad 382350
6) Ajit Khodidas Jadav
Male, Aged 50 years
Presently posted as Sr. SSA Residing at O/32,
Omshsantinagar 2, phase 2,
Lambha Vatva Canal road,
Ahmedabad Pin-382405.
27 OA No. 16 of 2023
with
OA Nos. 19, 23, 24, 42, 43, 44 & 45 of 2023
7) Arif Thakor S/o
Male, Aged 52 years
Presently posted as Sr. SSA Residing at
Abrar park Nr Airtel Tower
po. Bhalej, Umreth
Anand 388220
8) P Jitendrakumar Khambalkar S/o
Male, Aged 35 years
Presently posted as SSA Residing at
01, Sahajanand Park, Opp. Nigam Bus-Stop,
Smruti Mandir Road, Ghodasar, Ahmedabad-380050
9) Rahul Somabhai Prajapati
Male, Aged 49 years
Presently posted as Sr. SSA
Residing at C/4 Pushpam Society, Kharawala Compound,
Isanpur, Ahmedabad 382443
10) Bhupendra Ninave S/o
Male, Aged 50 years
Presently posted as SSA Residing at B/405,
Signore Sky, B/h. Raj Rajeshshwar Mahadev,
Nr.Ghodasar Lake, Canal Road, Ghodasar,
Ahmedabad-380050.
11) Chandrakant Shankar Raikwad
Male, Aged 46 years
Presently posted as Sr. SSA
Residing at A/236, Ankur Tenament,
New India Colony, Nikol, Naroda Road, Ahmedabad - 382350
12) Yashodhar Manilal Parmar
Male, Aged 47 years
Presently posted as SSA
Residing at 4/New Niranjan Society Behind Sharda Schoo
Kalapi Nagar Ahmedabad 380038
13) Manish Daudbhai Patelia
Male, Aged 46 years
Presently posted as Sr. SSA
Residing at A/5 Happy Home Apartment Khokhra
Mani Naagar East Ahmedabad 380008
14) Vidyasagar Pannela S/o
Female, Aged 46 years
Presently posted as Sr. SSA
Residing at 21, Yash Tenament,
Ghodasar, Ahmedabad - 380050
28 OA No. 16 of 2023
with
OA Nos. 19, 23, 24, 42, 43, 44 & 45 of 2023
15) Javidahmed Shaikh S/o
Male, Aged 39 years
Presently posted as Sr. SSA
Residing at 752, Moin Park,
Nr.Bibi Talav, Vatva - Narol Road,
Vatva, Ahmedabad-382440
16) Rajnikant Gopalbhai Parmar,
Male, Aged 44 years,
Presently posted as Sr. SSA
Residing at
401, Saligram Residency,
Nr. Mayur Park Soc, Danilimda,
Ahmedabad-380028
........................................Applicants
(By Advocate : Mr. Alphus Rockey)
VERSUS
1) Union of India
Notice to be served through:
The Secretary.
Ministry of Labour & Employment
Shram Shakti Bhawan, Rafi Marg.
New Delhi-110001
2) The Central Board of Trustees.
Employees Provident Fund Organisation
Notice to be served through:
The Chairman.
14-Bhikaji Cama Place
New Delhi 110066
3) The Central Provident Fund Commissioner
Bhikhaji Kama Palace,
Bhavishya Nidhi Bhavan,
Delhi-110066
4) The Additional Central Provident Fund Commissioner (HR)
Bhavishya Nidhi Bhawan,
14, Bhikaiji Cama Place,
New Delhi-110 066.
5) The Additional Central Provident Fund Commissioner
Gujarat Zone Bhavishyanidhi Bhawan,
Near Income Tax Circle Ashram Road (Gujarat)
Ahmedabad-380 014
..................... Respondents
(By Advocate : Mr. N.K.Majumdar)
29 OA No. 16 of 2023
with
OA Nos. 19, 23, 24, 42, 43, 44 & 45 of 2023
ORDER
Hon‟ble Mr. Jayesh V. Bhairavia, Member (J):
Learned counsel for the parties are ad idem that in these cases, the applicants have challenged the Transfer Police dated 12.12.2022 (Annexure A/1 in all cases refer) issued by the respondents on common grounds as well as are also seeking the similar reliefs. Accordingly, with the consent of learned counsel for the parties, we have heard all these cases together and the same are being disposed of by this common Order. For the sake of brevity, OA No.16/2023 is taken as a lead case.
OA No.16/2023Being aggrieved by the Transfer Policy which was circulated by letter dated 12.12.2022 (Annexure A1), the applicants have filed this OA under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:-
"(A) Be Pleased to allow this present application (B) Be pleased to quash and set aside the Impugned Transfer Policy circulated vide Communication being No. HRD/30/2022/Transfer Policy/SSA- Part(2)/709 dated 12/12/2022 (Annx. Al). (C) Be pleased to pass any further order or directions as the Hon‟ble Tribunal may deem fit in the interest of justice."
2. The brief facts of the case are that :
2.1 The present applicants, who are working as Group „C‟ officers, are presently serving as Social Security Assistants (SSA) in various offices of the Respondent Department within the State of Gujarat.
2.2 The present applicants submit that they had been appointed to/promoted to the post of SSA in the Respondents‟ Department and all the present applicants herein have completed between 5 to 15 years in the Respondents‟ Department.
30 OA No. 16 of 2023with OA Nos. 19, 23, 24, 42, 43, 44 & 45 of 2023 2.3 Till now there was no specific Transfer Policy in so far as subjecting SSA Cadre Employees to the rigors of an Annual General Transfer and transfers were generally governed by DoP&T‟s Instructions in general and orders passed in specific cases by the Competent Authorities concerned.
2.4 Overall Transfer being an incident of Service, hence, the aspect of Transfer was largely governed by internal circulars and/or Departmental Instructions specific to a given Zone. However all such instructions/circulars eventually were subject to the rigors of the Employees Provident Fund (Officers and Employees Conditions of Services) Regulations 2008 (hereinafter referred to as „Regulations of 2008‟).
2.5 A Draft Transfer Policy had been circulated by the Respondents herein calling for comments and objections, if any. The said Draft Transfer Policy had been released on 17.05.2022 (Annexure A4) and comments were called for within 3 days which in itself is puzzling considering the extremely short time provided for representations against the said Draft Transfer Policy.
2.6 Some of them had preferred representations submitted on 15 May 2022 and 19 May 2022 (Annexures A5 to A7) against the said Draft Transfer Policy raising pertinent issues including but not limited to the issues raised in the present OA. However no response to the said Representations of the present applicants had been received and directly the Impugned Transfer Policy herein dated 12/12/2022 had been issued.
2.7 Thereafter it transpired that the Impugned Transfer Policy had been issued without considering any of the legal and factual aspects raised against it by the applicants vide the said representations.
31 OA No. 16 of 2023with OA Nos. 19, 23, 24, 42, 43, 44 & 45 of 2023 2.8 Hence, the present OA.
3. Learned counsel for the applicants argued that:
3.1 It is submitted that not only the substantive portions of the Impugned Transfer Policy but the very foundation on which the entire exercise of formulating a Transfer Policy for the cadre of SSA is misconceived, as para 1.6 of the Impugned Transfer Policy provides that :
"1.6 The Policy is in response to the direction of the Supreme Court of India as contained in the Writ Petition (Civil) No.82 of 2011 (T.S.R Subramanian & Ors. Vs. Union of India & Ors. Judgement dated 31.10.2013) and the communications from the Department of Personnel & Training bearing number 11013/10/2013-Estt.A dated December 26, 2013, January 09, 2014, June 13, 2014 as well July 2, 2015."
3.2 It is further submitted that on plain reading of the said Judgement dated 31.10.2013 in Writ Petition (Civil) No. 82 of 2011 rendered by the Hon‟ble Apex Court does not in any manner or form even remotely relate to the Cadre of SSA‟s nor does it even relate to the respondents‟ department herein being the EPFO. In fact the same relates to the officers of the Central or State Civil Services essentially being Group "A" officers in various formations of Central and/or State Civil Services across the Country. To substantiate, reliance has been placed on a brief reproduction of the Introductory portions of the aforesaid Judgment which reads as under:-
"1. Article 32 of the Constitution of India has been invoked by few eminent retired civil servants highlighting the necessity of various reforms for preservation of integrity, fearlessness and independence of civil servants at the Centre and State levels in the country. Prayers made in this writ petition are based on various reports and recommendations made by several Committees appointed for improving the public 32 OA No. 16 of 2023 with OA Nos. 19, 23, 24, 42, 43, 44 & 45 of 2023 administration. On the basis of various reports, following reliefs are sought in the writ petition:-
(i) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction requiring the Respondents to create an "independent" Civil Service Board or Commission both at the Centre and the State based on recommendations by the Hota Committee, 2004 (para 5.09, para 5.11, Main Recommendations No.38); the 2nd Administrative Reforms Commission 2008 (10th Report, para 9.8); the statement adopted at the Conference of Chief Ministers on Effective and Responsive Administration, 1997;
(ii) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction requiring the respondents to fixed tenure for civil servants ensuring stability based on commendations by Jha Commission 1986 (para 7.2); Central Staffing Scheme, 1996 (para 17.01, para 17.02, para 17.03, para 17.12), the 2nd Administrative Reforms Commission (10th Report, para 8.7, para 9.8, para 17.5), Hota Committee Report, 2004 (Main Recommendations No.39);
(iii) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction NAL requiring the respondents to mandate that every civil servant formally record all such instructions/directions/ orders/suggestions which he/she receives, not only from his/her administrative superiors but also from political authorities, legislators, commercial and business interests and other persons/quarters having interest, wielding influence or purporting to represent those in authority based on the principles recognized by Rule 3(3)(ii)(iii) of the All India Service Conduct Rules, 1968 and as implicitly recognized by the Santhanam Committee Report, 1962 (Section 6, sub-para 33[iii]."
Thus from a bare reading of the afore stated prayers of Writ Petition (Civil) No. 82 of 2011, it is evidently clear that the said litigation was singularly confined to Group "A" officers of the All-India Service or State Civil 33 OA No. 16 of 2023 with OA Nos. 19, 23, 24, 42, 43, 44 & 45 of 2023 Services and nowhere in the Prayers sought or the body of the Judgment is there any reference or suggestion by the Hon‟ble Supreme Court to formulate any transfer policy qua all Services of the Central Govt. Organizations. This basic deviation signifies the non-application or mis- application of mind by the Respondents‟ Department. As such the stand of the respo9ndents that the Impugned Transfer Policy issued in 2022 is a result of suggestions by the Hon'ble Apex Court is absurd to say the least. Even otherwise it is submitted that the Judgment of the Hon‟ble Supreme Court was- rendered on 31/10/2013 and the fact that the action on such suggestions has been taken after a period of 9 years itself raises significant questions as to the process followed by the Respondents herein to arrive at a conclusion to issue the Impugned Transfer Policy.
In this regard, it is also submitted that the aforesaid decision of the Hon‟ble Apex Court is nothing but an excuse on the part of the Respondents herein to further their own agenda and that the said Judgment has not addressed the service of the applicants or employees like the present applicants. Hence for this reason alone, the Impugned Transfer Policy deserves to be quashed and set aside.
3.3 It is further submitted that the nature of work discharged by the Cadre of SSA does not call for any interaction with individual subscribers or Owners of Establishments and that their work mainly relates to processing of Claim Settlements and is largely clerical in nature. Further the requirement of subjecting such Group „C‟ clerical workforce to the rigors of Annual General Transfer outside their regions is harsh and arbitrary to say the least.
34 OA No. 16 of 2023with OA Nos. 19, 23, 24, 42, 43, 44 & 45 of 2023 As presently in relation to Settlement of Claims, an employee on the post of SSA can only initiate Claims for Settlement, which thereafter is subject to the scrutiny of Section Supervisors and Accounts Officers, who are higher in the organization hierarchy and above the level of supervision, the Assistant Provident Fund Commissioner and the Regional Provident Fund Commissioners respectively exercise effective scrutiny and supervision over the Cadre of Section Supervisors and Accounts Officers. As such the Cadre of SSA has no powers to grant Approval for any Claim for Settlements and that all such Approvals are given at the level of Section Supervisor or Accounts Officer (Group „B‟ Cadre) or Assistant Provident Fund Commissioner or Regional Provident Fund Commissioner (Group A Cadre). Thus, the present applicants whose nature of work is under the channels of effective supervision above the Cadre of SSA many ways negates the requirement of subjecting the said cadre of SSA to the rigors of an Annual General Transfer as well as other stipulations in the present Impugned Transfer Policy. Thus the present applicants further submit that principle of Effective Administration would call for subjecting the lowest strata of the Organization to the rigors of an Annual General Transfer since the likelihood and risk of sensitive posts being misused is far higher in Cadres higher in the Organizational Hierarchy. Hence considering this aspect also the stipulations of the Impugned Transfer Policy are arbitrary and, hence, interference by this Tribunal is warranted. 3.4 It is submitted that in relation to the definition and interpretation of the term Region as appearing in S. 11(2), it must necessarily relate to the Regional Office and not the State as a whole. This in the humble submission of the 35 OA No. 16 of 2023 with OA Nos. 19, 23, 24, 42, 43, 44 & 45 of 2023 present applicants is supported by Section 21 of the Employees Provident Fund Scheme Act, 1952 which is one of the founding statutes of the Respondent Organization, which provision stipulates:
"21. Opening of regional and other offices The Central Board may, open such regional and local offices as it may consider desirable for the proper implementation of the Scheme. It may also define the functions and duties of the regional and local offices. Thus it can be clearly inferred that the presence and multiple instances of usage of the term Regional in the aforesaid statute as well as the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 singularly leads to a conclusion that the said usage by the legislature is a deliberate one and not to be taken as a synonym for the term "State".
Further even in the Impugned Transfer Policy, there is no reference to State in the jurisdictional sense and the smallest undivided unit in terms of Organizational Structure is a Regional Office. Thus, the term Region means anything else than the area under the Jurisdictional Control of a Regional Office deserves to be rejected out- rightly.
Furthermore, apart from the Regional Offices in the Respondents; Department, there also exists the Zonal Establishment and accordingly, it is submitted that the term Region cannot be held to tantamount to Zone as well. As the demarcation of a Zone, as an administrative region, in the Respondents‟ Department, it is not originally envisaged under the EPF Act 1952 but the same is a recent development as in the year 2011. In fact till 2016 Gujarat Zone included the offices in the State of Madhya Pradesh. However later Madhya Pradesh has been combined with Chhattisgarh to form a separate Zone as it stands today.
36 OA No. 16 of 2023with OA Nos. 19, 23, 24, 42, 43, 44 & 45 of 2023 3.5 Thus the Zone delineations are completely based on administrative convenience and hence, the Transfer of Group „C‟ employees (SSA Cadre) cannot be left to the mercy of Zonal delineations which at the end of the day are on the basis of administrative convenience. Thus the term region has to be held to mean the jurisdictional limits of a Regional Office only and neither can it be held to be the same as a State or a Zone.
3.6 It is further submitted in relation to the crucial issue of Tenure, the same can be found in para 4 of the Impugned Transfer Policy which stipulates:
"4.1. For the purpose of AGT and rotation transfer within office, a tenure means continuous posting in a particular post (seat), after which an Official shall be liable for transfer. The tenure for each category shall be two years. 4.1.1. Each SSASSSA in a block of three tenures within an office shall not be posted continuously in Accounts category. TP-SSA (12-12-2022) 4.1.2. Each SSA/SSSA shall not have more than 2 continuous tenures in a District Office (maximum 4 P023 years continuous service in a District Office). 4.1.3. Each SSA/SSSA shall not have more than 3 4NCH continuous tenures in a Regional Office (i.e. maximum 6 years continuous service in a Regional Office).
4.1.4. Each SSA/SSSA shall have a maximum of 6 tenures within the Jurisdiction of a particular Regional Office. (i.e. maximum 12 years in all the offices under the jurisdiction of a particular Regional Office.) 4.1.5. Each SSA/SSSA shall not have more than 8 continuous tenures in a Station (i.e maximum l6 years continuous service in a station/City). 4.1.6. It is advisable that SSA/SSSA should, for all round holistic development, do tenures at each of X, Y and Z category stations. The SSA/SSSA may be encouraged to apply for other category stations during AGT.
37 OA No. 16 of 2023with OA Nos. 19, 23, 24, 42, 43, 44 & 45 of 2023 4.2. For the purpose of IST, following principles shall be followed:-
4.2.1. A tenure means continuous posting of two years particular post. 4.2.2. An SSA who has completed at least 4 tenures (eight years including period spent on probation) in the Parent State shall be eligible for applying for Inter State Transfer. Provided no vigilance case is pending against the applicant at the time of forwarding of request as well as issue of the transfer order of the official concerned. 4.2.3. The Competent Authority may grant relaxation in service period as prescribed above in respect of an SSA/SSSA where the request for the transfer has been made on the basis of prevalent DoP&T guidelines.
4.2.4. An SSA/SSSA can in her/his career in the cadre of SSA apply only once for IST.
4.2.5. Inter State Transfer will be on lien basis and for not more 3 Tenures (a period of 6 years).
4.2.6. The period may be further extended by Competent Authority (ACC (HQ) HR) on case to case basis by a period not exceeding l year.
4.3. The period of Tenure shall be counted from the date of joining and not from the date of the order.
3.7 Further, it is submitted that Clause 4.1.4 stipulates that an officer holding the post of SSA can only serve within the jurisdiction of a Regional Office for a maximum of 12 years. This in fact is completely contrary to Regulation 11(2) of the Regulations which specifically stipulates that a Group „C‟ employees cannot be transferred outside their Regional Office save and except for Administrative Exigencies or in Public Interest.
It is also submitted that the Respondents herein seem to completely misread or ignored Regulation 11(2) of the Regulations while formulating the aforesaid para 4.1.4 of the Impugned Transfer Policy since the same stipulates that an SSA would have to be transferred from one Regional Office to another Regional Office upon the 38 OA No. 16 of 2023 with OA Nos. 19, 23, 24, 42, 43, 44 & 45 of 2023 expiry of 12 years. The present applicants submit that this is clearly contrary to the mandate of Regulation 11(2) which is to ensure that a Group „C‟ employee is not subjected to an onerous transfer to a completely different region in absolute terms. This means that to include such a clause under the guise of an Annual General Transfer is completely violative of the Conditions of Service as ensure by a Statute.
3.8 It is further submitted that had the respondents sought an amendment in the 2008 Regulations and managed to pass the same through Parliament and accordingly amended the said Regulation 11 then and only then would the aforesaid Para 4.1.4 be permissible. Since no such amendment has occurred hence the said paragraph 4.1.4 as stated above is singularly violative of the 2008 Regulations. Hence for this reason also the present OA deserves to be allowed.
3.9 It is further submitted that Clause 4.1.3. of the Annual Transfer Policy reproduced above stipulates that each SSA/SSSA shall not have more than 3 continuous tenures in a Regional Office (i.e. maximum 6 years continuous service in a Regional Office). While this would not be problematic in a Regional Office which has other sub- offices under it like Regional Offices of Ahmedabad or Rajkot, but in cases of Regional Offices of Vadodara, Surat, Bharụch, Vapi, etc which itself is a Regional Office with no Sub-Offices under it this would mean that the SSA posted as such Regional Officers of Vadodara Surat, Bharuch, Vapi, etc. are forcibly required to be transferred to another RO or in other words another Region. The present applicants thus submit that the aforesaid clause effectively entails that despite the protection contained in Regulation 11(2) of the 2008 Regulations if an employee 39 OA No. 16 of 2023 with OA Nos. 19, 23, 24, 42, 43, 44 & 45 of 2023 is working in a Regional Office, which has no sub offices under it then by operation of Clause 4.1.3 of the Impugned Transfer Policy, he would be transferred to another Regional Office or a sub-office under the jurisdiction of another Regional Office.
In this regard, it is further submitted that it is clearly in a disguised manner to overcome the limit set by Regulation 11(2) of the 2008 of the Regulations and hence, for this reason also the Impugned Policy deserves to be interfered with by this Tribunal.
3.10 It is further submitted that Clause 2.18 of the Impugned Transfer Policy states:
"2.18. The AGT/ IST will have following numeric restrictions to maintain proper functioning and efficiency of the organisation: -
"2.18.1. For Inter State Transfers, the requests for transfer out from the State shall not exceed 5% of the sanctioned strength under Direct Recruitment quota of that State as on 31st March of that year. 2.18.2. For IST, the total number of SSA to be transferred to a State shall not exceed 50% of the vacancies under Direct Recruitment quota in that State as on 31 st March of that year.
2.18.3. Any discretionary transfers on account of administrative grounds or exigencies beyond the TP-SSA norms of post Category, Tenure, Nature and Geography for AGT will be limited to 5% of the total transfers made.
2.18.4. Similarly, the requests received from the SSA Cadre officials on account of compassionate grounds will also be dealt with restricted to 10% of the total transfers."
It is submitted that the overarching intent behind the aforesaid provisions are to link the number of discretionary and compassionate transfers to the total number of Transfers via AGT (Annual General Transfers) in a given year. This premise is completely arbitrary for 40 OA No. 16 of 2023 with OA Nos. 19, 23, 24, 42, 43, 44 & 45 of 2023 the simple reason that in the first year of implementation of the Impugned Transfer Policy (in its present form) there would naturally be a high number of transfers but in the following year and the year after that the number of such Transfers by way of AGT would fall since employees transferred by way of AGT will have only started their tenures in their respective postings, hence, in such succeeding years as per the present Impugned Transfer Policy, the number of permissible Compassionate Transfers and other Discretionary Transfers would be severely reduced and permissible only to the limits mentioned in Clause 2.18 above.
In this regard, it is further submitted that it is an unfair and unreasonable limit placed on cases which are otherwise required to be examined on humane considerations above everything and in such situations to deny such genuine compassionate grounds on such basis is arbitrary and unreasonable and violative of Art. 14. Hence, for this reason also the present Impugned Transfer policy deserves interference of this Tribunal.
3.11 It is further submitted that clause 2.12 of the Impugned Transfer Policy stipulates:
"2.12. All stations have been divided into three categories as per Government of India classification of cities for its employees for the purpose of House Rent Allowance (HRA). Classification of an urban agglomeration, city, town or place will change as per Government instruction for the purpose of HRA without such changes being incorporated in the TP- SSA."
3.12 The applicants submits that the aforesaid Categorization divides Cities into 3 Tiers namely, X Tier being Metropolitan Cities which in the present context is the 41 OA No. 16 of 2023 with OA Nos. 19, 23, 24, 42, 43, 44 & 45 of 2023 only X Tier City in the State of Gujarat, Y Tier being large Cities like Vadodara, Rajkot, Surat and lastly Z Tier Cities including smaller Cities and Tows like Bharuch, Vapi etc. This Tier system also determines the percentage of HRA admissible to an employee being 27%, 18% and 9% for X.Y and Z Tiers respectively. Thus the prime consideration herein would be when an X Tier City employee is transferred to a Z Tier City thus his HRA would substantially drop to 9% and this in turn would be an unsurmountable difficulty in terms of his financial planning including loans and other living expenses. It is submitted that the applicants herein have been posted within the same region since they joined the Respondent Department and have taken on liabilities with the mental security of a Salary, which all things remaining normal, would only increase but never decrease and now to be subjected to such strenuous conditions which have the potential of jeopardizing the financial positions puts the present applicants in an unenviable position. Additionally attention may also be drawn to the contents of Clause 2.3 which calls for "SSA cadre should also have' an understanding of the diversity of geographies, industries and people they serve. Thus, tenures should expose them across the State they are assigned to "the present applicants submit that this may be true for Group A Cadre but as far as Group C cadre of SSA is concerned", they handle work which is largely clerical in nature and hence there is no need whatsoever for them to have an "understanding of the diversity of geographies, industries and people they serve and such a notion harbored by the Respondents herein is thoroughly misconceived and hence for this reason also the present Impugned Transfer Policy 42 OA No. 16 of 2023 with OA Nos. 19, 23, 24, 42, 43, 44 & 45 of 2023 is arbitrary and unreasonable and calls for interference from this Tribunal.
3.13 It is submitted that clause 5.8.3 of the Impugned Transfer Policy stipulates:
"5.8.3. In case the number of options are higher than the number of vacancies for an office, a list will be prepared with following numeric rubric; i. First priority shall be given based on grounds Disability of ii. Second priority shall be given to those who are due to retire within 2 years. iii. Third priority to those whose requests are based on Spouses ground. iv. Fourth priority shall be given to options exercised by Female SSA/SSSA. v. Fifth priority shall be based on who has served the least period in that category of station( "X", "Y", "Z") vi. In case of similarly placed officials, option shall be considered in the order of seniority with first preference to senior.
vii. However, each such consideration shall be subject to suitability and sensitivity of that post.
viii. For the offices and officials that are not considered after running the iteration of first options, similar exercise will be undertaken for second option, third option, fourth option and fifth option in that order.
ix. For the offices and officials that are not considered after running the fifth iteration, the SSA-TC-Zone will examine over all profile and recommend them for transfers such that all posts are considered, While doing so SSA-TC-Zone will Try to accommodate the nearest of the available Offices given in any of the options."
Thus clearly a bare reading of the aforesaid clause would indicate that it deals with a situation wherein the Options received for a particular Office are in excess of the number of vacancies available.
It is submitted that Sub-Clause (v) of the above provision is completely arbitrary since it mandates that persons, who have worked the least period in that particular Category of Station (X,Y or Z), would be given 43 OA No. 16 of 2023 with OA Nos. 19, 23, 24, 42, 43, 44 & 45 of 2023 priority others. The present applicant submits that while on face-value this seems to be a fair proposition, however in real terms it would lead to disastrous consequences for the present applicants. It is submitted that in the present scenario in practical terms, Ahmedabad is the only X Category Station in Gujarat, thus the employees of Ahmedabad who are to be subjected to AGT would naturally be a substantial loss since they would not be able to opt for Ahmedabad since their period of service in an X Category Station would disqualify them and thus they would be forced to opt for a Y or Z category station with the attendant drop in HRA from 27% to 18% or 9%. Thus the applicants submit that the terms of the Impugned Transfer Policy is not practically implementable and would lead to several instances of undue hardships imposed on the employee concerned and hence for this reason also the present OA deserves consideration of this Tribunal.
3.14 It is further submitted that from a financial point of view as well the stipulation of Clause 2.16 mandates that for all cases of AGT's, a Composite Transfer Grant would be provided this would entail a substantial burden on the Public Exchequer The present applicants submit that as demonstrated above the intent of the Respondents herein in wanting to subject the Cadre of SSA to the rigors of an Annual General Transfer is not clearly explained and in fact is nowhere substantiated in the material relied upon by the respondents to justify this need.
Thus in the face of such an unreasonable transfer not only would the legal rights of the applicants herein be violated and trodden upon but also the Public Exchequer would be burdened and subjected to an expense that all 44 OA No. 16 of 2023 with OA Nos. 19, 23, 24, 42, 43, 44 & 45 of 2023 things considered is completely unnecessary. In fact it is submitted that if the Respondent Department were to spend the same or even a fraction of the said amount in upgrading its Software adopted in its day-to-day functioning then the volume of work can be greatly streamlined as well as the entire process can be made foolproof with the reliance on Information Technology which would greatly reduce the number of possible irregularities which may be one of the reasons for the precipitative action on part of the Respondents herein in issuing the Impugned Transfer Policy.
3.15 It is further submitted that as far as promotional avenues go presently the Cadre of SSA is limited to being promoted in terms of the hierarchy to the post of Section Supervisor. However it must be submitted herein that prior to 2020 the Cadre of SSA could attain promotion to the post of EO/AO by way of appearing in a Departmental Examination and at the relevant point of time appointments to the post of EO/AO had an element of Examination Quota.
In this regard, it is submitted that by abolishing the said Examination Quota to the post of EO/AO in 2020 the Respondents have further limited the career progression options available to the SSA cadre and now are attempting to subject the SSA cadre to strict rules of Transfer in violation of the protection accorded to them by the 2008 Regulations. Hence, for this reason also consideration of this Hon‟ble Tribunal is most humbly warranted.
3.16 It would also be pertinent to submit herein that it appears that contrary to what is stated in the forwarding letter to the Impugned Transfer Policy the said Policy has not been 45 OA No. 16 of 2023 with OA Nos. 19, 23, 24, 42, 43, 44 & 45 of 2023 formally approved by the Central Board of Trustees (in short „CBT‟).
In this regard, it is submitted that a perusal of the Minutes of the 103rd and 104th meeting of Executive Committee (EC) CBT (EPF) held on 19.10.2022 and 31.10.2022 reveals that the information regarding status of Transfer Policy of the Cadre of Social Security Assistants, 2022 was only marked as agenda Item No.8 and not taken for any discussions and no decisions were made in the CBT meeting.
3.17 Even otherwise it is submitted that the Respondents are proceeding with reshuffling of the entire cadre of SSAs working in the EPFO, who are almost 10,000 in numbers, and shifting of at least 5,000 to 6,000 officials minimum every year for no reason and in violation of the Service Conditions would not only cause huge financial burden to the public exchequer (the administrative charges paid by the Employer) but also stands to affect the right to life of a person as enshrined in Art.21 of the Constitution of India in terms of protecting the family life of an employee which is an element of the dignity or a person and a postulate of privacy.
It is further submitted that Para 4.1 of the Impugned Transfer Policy postulates a duration of 2 years to be termed as a Tenure" and accordingly tenures have been specified for Accounts category, District Office, Regional Office, Region and Station. Being the lower-most in the hierarchy of posts in this Organisation, two continuous tenures in a District Office (4 years) or three continuous tenures in a Regional Office (6 years) and so on would lead to logistical difficulties as the employee concerned would need to change his Station frequently. It would give rise to a situation where SSAs would be forced to 46 OA No. 16 of 2023 with OA Nos. 19, 23, 24, 42, 43, 44 & 45 of 2023 renounce parent Region, once they complete their tenure in that Region, as they would stand posted in some other region(s) for the remainder of their service career. Moreover, the aforesaid in practical terms would be counter-productive and financially imprudent as there would be a negative effect on allowances such as HRA, TPA, which in will have effect in lowering salary of many officials leaving them in lurch, maintaining two Establishments, leaving family at settled place would be an extremely onerous demand qua lower level staff. Furthermore the said Impugned Transfer Policy also does not take into account the number of female clerical staff functioning in the EPFO which in some offices is in excess of the male staff. Frequent transfer for them would be an unduly harsh condition to be required to meet since they have settled in their home town near their Parent office and since the aspect of domestic responsibilities 1s naturally more as far as female staff is concerned.
It is further submitted that the existing guidelines that were issued by the Head Office vide No. WSU/2021/47/Rotation (E-34083/2982 dated 22. 1 1.202l and Transfer Policy (E-34083/2982 Corrigendum being H.0. No. WSUI2021/47/Rotational Transfer Policy (E- 34083)/3060 dated 24/11/2021 are appropriate and serve the purpose if complied strictly, instead of formulating and implementing the disturbing policy. As per the said rotation policy which is already in place in the Respondent Department and in consonance with the CVC Circular dated 11.9.2013, officials working in sensitive posts are rotated at specified intervals while tasks are changed from time to time to reign malpractices. This system could be made more robust by plugging the loopholes therein, instead of formulating a fresh policy which necessitates 47 OA No. 16 of 2023 with OA Nos. 19, 23, 24, 42, 43, 44 & 45 of 2023 complete migration of an official to another Region. This would, ipso facto, lead to achieving the premier objective behind this transfer policy, i.e., to discourage fraud/corruption.
3.18 The applicants submit that many of the present applicants have planned and availed housing loans as well as other location specific liabilities and also have invested in tangible and immovable assets and if all of a sudden, they are compulsorily moved out on transfer, with lower salary, besides inflicting additional financial burden, it is bound to have a disastrous effect on their personal lives and may throw their family situation in total disarray, which will naturally reflect in the performance of such employees as well. It is well within knowledge of the Respondents that the cadre of SSA being the lower-most in the hierarchy of posts does not enjoy any additional facilities In the form of subsidized accommodation/food etc. 3.19 It is further submitted that even keeping aside the question of facilities, geography, emoluments and allowances, if considered from a macro scale, the EPFO cannot be compared with Banks, LICs or Post Offices or even ESICs as they have many branches or offices in every district in a State. For them, a transfer from one Office to another Office is just a change of working stations within the town itself. In those cases, transfer could have been done within the city and they have ample options without many disturbances like shifting of house, schools or wards etc, whereas the EPFO has only minimum office throughout the nation and in many States, only one office is functioning and therefore it is impossible to shift everyone in a large scale manner.
3.20 The present applicants submit that this is a situation wherein employees are being drastically the Service 48 OA No. 16 of 2023 with OA Nos. 19, 23, 24, 42, 43, 44 & 45 of 2023 Conditions of an employee varied in terms of being subjected to Transfer far beyond the limits that had previously been placed by Regulation 11 of the 2008 Regulations. It is submitted that, without prejudice to the main contention raised in the present OA with regard to the legality of the Impugned Transfer Policy, even if the Impugned Transfer Policy can be considered to be a valid one then even in such an argument the applicable date of such a Policy that drastically varies the Service Conditions of an Employee cannot by any stretch of imagination be made from the date of the Issuance of such a policy.
It is further submitted that doing so would disadvantage employees of the Group „C‟ to an enormous extent. Thus it is submitted that the retrospective application of the Impugned Policy by way of para 4.1(i) in the peculiar circumstances herein is improper.
Further this aspect is also why there is an element of urgency in the present matter and this is also the reason why the grant of interim relief is of crucial importance since if the Respondents were to issue transfer orders to the present applicants in pursuance of the Impugned Transfer policy then it would virtually render the present OA to be infructuous to a large extent since the issuance of a Transfer Order would cause the applicants concerned to be relieved from his post and that action in itself would cause a lot of harm to the career of such applicants. Hence, for this reason also the present issue deserves interference from this Tribunal.
3.21 It is also submitted that another ambiguous term of the Impugned Transfer Policy can be found in para 4.1.6 which stipulates that Employees ought to undergo tenures in X, Y and Z stations. However, what is crucial to be appreciated herein is that nowhere in the entire Impugned 49 OA No. 16 of 2023 with OA Nos. 19, 23, 24, 42, 43, 44 & 45 of 2023 Transfer Policy has it been defined as to what exactly X,Y or Z category stations and in the face of such ambiguity the Impugned Transfer Policy is proved to be even more opaque and hence not only against the interest of the Employee but also violative of the rights of the Employee as enshrined in the 2008 Regulations. Hence, for this reason as well as the reasons stated above, the present OA deserves consideration of this Tribunal. 3.22 It is further submitted that the Respondents‟ Department herein by way of the Impugned Transfer Policy is seemingly attempting at weakening the Unions of various employees since there is no savings clause whatsoever for union members. Thus when union members are liable to be transferred at such a frequent basis then the entire leadership of a Union becomes unstable. It is submitted that the Unions as a necessary counterweight to the might of the respondents‟ department finds is existence in nearly every level of every cadre in the Respondents‟ Department and this would be severely threatened by the application of the Impugned Transfer policy.
3.23 Lastly, learned counsel for the applicant has submitted that in view of the above grounds, the present OA deserves consideration of this Hon‟ble Tribunal favourably.
4. On the other hand, learned counsel for the respondents has opposed the present OA and by referring to the contents of the reply filed on behalf of the respondents mainly argued that 4.1 In the instant OA, the applicants are challenging the transfer policy dated 12.12.2022. However, since the said transfer policy is a policy decision of the competent authority, this Tribunal may dismiss the present OA while exercising the judicial review as the said transfer policy framed and circulated by the concerned authority based on the policy decision in the matter having regard 50 OA No. 16 of 2023 with OA Nos. 19, 23, 24, 42, 43, 44 & 45 of 2023 to the guidelines, rules and instructions of the DoP&T as well as of the Ministry of Labour and Employment on the subject.
4.2 Considering the nature of the duties attached to the cadre of SSA, the concerned respondents‟ authorities had prepared a draft transfer policy, which was circulated through official website of EPFO vide communication dated 17.5.2022 and views and comments were invited from various stake holders. After considering the objections and suggestions and after due deliberations and discussions which came to be held with the Union representatives, the revised transfer policy came to be approved by the Chairman, CBT, which was circulated vide communication dated 12.12.2022.
4.3 With an object of having absolute fairness and transparency, the new transfer policy was framed and circulated and the paramount object of the new transfer policy is to provide exposure to the cadre of SSA in respect of nature of work in various Regional Offices in the same State, which would ultimately provide overall growth for the cadre and advantageous to the quality and performance of the work pertaining to the cadre of SSA and the same fulfils the organisational goals and in the interest of EPFO.
4.4 Further before notifying and circulating the new transfer policy, which was circulated on 12.12.2022, the same was approved by the concerned Chairman, CBT and the same was placed before the 103rd meeting of the Executive Committee, CBT, Employees Provident Fund, which was held on 19.10.2022 at New Delhi and in the said meeting, the Central Provident Fund Commissioners assured that the concerns of all the members regarding interstate transfer would be addressed suitably.
4.5 Further, in the 232nd meeting of CBT, which was convened on 19.10.2022, the issue regarding the transfer policy of Group-B and for the cadre of SSA came to be discussed and deliberated in 51 OA No. 16 of 2023 with OA Nos. 19, 23, 24, 42, 43, 44 & 45 of 2023 detail and, therefore, the CBT had taken cognizance of the approved policy as the very foundation for proposed transfer policy was to bring transparency and fairness in the administration and to provide overall growth in the cadre of SSA, which would be in the interest of the administration at large.
4.6 It is further submitted that one of the main clauses of the Transfer Police provides that :
"As per the provisions in the TP SSA, an SSA/SSSA can serve a maximum of 6 tenures within the Jurisdiction of a particular Regional Office, (i.e. maximum 12 years in all the offices under the jurisdiction of a particular Regional Office) and a maximum of 8 continuous tenures in a Station (i.e. maximum 16 years continuous service in a station/City). Such clauses are necessary in order to ensure that the same person does not continue in the same office for a prolonged period of time."
4.7 Further so far as reliance placed by the applicants on the Employees Provident Fund (Officers and Employees Conditions of Services) Regulations 2008 is concerned, the same provides as under:-
"11. Liability for Transfer -
(1) Every employee of the Organisation carrying a scale of Day equivalent to the scale of pay of any group A or group B (Gazetted) post under the Central Government shall be liable to serve anywhere in India in any office of the Organisation.
(2) - Every employee of the Organization carrying a scale of pay of Group „B‟ (Non-Gazetted) post under the Central Government and Group C and D employees shall be liable to serve anywhere in the respective regions in which they are appointed. Provided that any Senior Hindi Translator/Junior Hindi Translator may be transferred outside their own region on administrative exigencies and according to staffing pattern. (3) Section Officers and every Group C and Group D employee of Central Office of the Organisation shall be liable to serve in that office only.52 OA No. 16 of 2023
with OA Nos. 19, 23, 24, 42, 43, 44 & 45 of 2023 (4) Notwithstanding anything contained in sub- regulations (1) to (3) above, any employee may be transferred from one region to another region or to Central Office of the Organisation or vice-versa, on administrative grounds or in the public interest." Learned counsel for the respondents submitted that the work „Region‟ mentioned in Regulation 11 (2) refers to the offices in which the seniority list is being maintained for the concerned cadre and the seniority list of SSA is maintained state-wise, so far as State of Gujarat is concerned.
4.8 Learned counsel further submitted that even considering the impugned transfer policy, the same provides for transfer for SSA to the various offices within the respective State only or stations or cities of the particular State in which the respective seniority lists have been maintained for respective SSA. It is further submitted that even considering all the relevant clauses of the impugned transfer policy, the same could not be said to be arbitrary, irrational or illegal. Rather the same has been issued/published after following the object of principle and fairness in respect of transfer of the concerned employees of the organisation with an object of overall growth of the SSA and in the interest of administration of the EPFO.
4.9 Learned counsel for the respondents also submitted that the nature of work and duties assigned to the SSA in EPFO is related to financial aspects as well as compliance related and the same would also involve various transactions and dealing with public at large, i.e., a lot of public dealings which would include financial dealing as well, which are very sensitive in nature and considering the pros and cons to the various vigilance criteria, the said transfer policy is just and legal.
4.10 Lastly learned counsel for the respondents has submitted that since the above transfer policy is a policy decision, interference while exercising the judicial review by this Tribunal is not called 53 OA No. 16 of 2023 with OA Nos. 19, 23, 24, 42, 43, 44 & 45 of 2023 for unless there is clear violation of some constitutional provision or statute, in view of a catena of judgments of the Hon‟ble Supreme Court as well as of the Hon‟ble High Court of Gujarat, some of which are as under:-
(1) State of Uttar Pradesh vs. Gobardhan Lal, 2004 (0) AIJEL - SC 29905;
(2) Dilip Kumar Garg and another vs. State of Uttar Pradesh and others, (2009) 4 SCC 753;
(3) T.S.R. Subramanian vs. Union of India, 2013 (0) AIJEL-
SC 54617;
(4) Union of India vs. Gunjan Kumar Sahay S/o Krishna Mohan Sahay, 2019 (0) AIJEL - HC 240318;
(5) Patel Rameshbhai Bhikhabhai vs. State of Gujarat, Education Department, 2022 (0) AIJEL- HC 244630;
5. In rejoinder, learned counsel for the applicants besides opposing the submissions of the learned counsel for the respondents, has reiterated the submissions as noted above.
6. We have heard learned counsel for the parties and perused the pleadings as well as the judgments relied upon the learned counsel for the respondents.
7. At the outset, it is apt to mention that the applicants, being aggrieved with the „Transfer Policy for Cadre of Social Security Assistants, 2022‟ (referred to as „TP-SSA‟) notified by the competent authority vide communication dated 12.12.2022 (Annexure A/1), have filed the present OA under Section 19 of the AT Act, 1985 seeking the reliefs as quoted above.
8. It is noticed that after consideration of the comments and objections received from the employees as well as Union 54 OA No. 16 of 2023 with OA Nos. 19, 23, 24, 42, 43, 44 & 45 of 2023 representative, the impugned transfer policy was finally formulated and circulated by the respondents vide the communication dated 12.12.2022. The said Transfer Policy is uniformly applicable to all the employees working as SSA under the respondents‟ department/regions.
9. At the outset, it is required to be mentioned that in a catena of judgments Hon‟ble Apex Court ruled that by way of judicial review, policy decision of the State should not be interfered by the Court/Tribunal unless they are grossly arbitrary and is clear violation of some Constitutional provisions or the Statute, or the Policy has been introduced with malafide intention. It is also held that the administrative authorities are in the best position to decide the administrative policy for smooth administration. Since the administrative authorities have experienced in administration and the Court must respect this and should not interfered readily with administrative decision (refer Union of India vs. Pushpa Rani (2008) 2 SCC (L&S) 851; and Official Liquidator vs. Dayanand (2008) 10 SCC 1. Further it is also appropriate to refer the judgment rendered by the Hon‟ble Apex Court in the case of Tata Celular vs. Union of India, (1994) 6 SCC 651, wherein it has been held that "There should be judicial restrained in administrative decision and the said principle will apply all the more to a rule under Article 309 of the Constitution of India. In Dilip Kumar and another vs. State of UP and others, reported in 2009 (4) SCC 753, the Hon‟ble Apex Court by referring the catena of judgments passed by the Apex Court on the point of exclusion of judicial review in policy matter held that Article 14 should not be stretched too far, otherwise, it will make the functioning of the administration impossible. The administrative authorities are in the best position to decide the requisite qualifications for promotion and it is not for this Court to sit over that the decision like a court of appeal.
10. Again, the Hon‟ble Supreme Court in the case of Directorate of Film Festivals & Ors. v. Gaurav Ashwin Jain & Ors., (2007) 4 SCC 737 by referring a catena of judgments in para 16 held that „the scope of 55 OA No. 16 of 2023 with OA Nos. 19, 23, 24, 42, 43, 44 & 45 of 2023 judicial review of governmental policy is now well defined. Courts do not and cannot act as Appellate Authorities examining the correctness, suitability and appropriateness of a policy, nor are courts advisors to the executive on matters of policy which the executive is entitled to formulate. The scope of judicial review when examining a policy of the Government is to check whether it violates the fundamental rights of the citizens or is opposed to the provisions of the Constitution, or opposed to any statutory provision or manifestly arbitrary. Courts cannot interfere with policy either on the ground that it is erroneous or on the ground that a better, fairer or wiser alternative is available. Legality of the policy, and not the wisdom or soundness of the policy, is the subject of judicial review...‟
11. At this stage, it is also appropriate to refer the observations and finding of the Hon‟ble Apex Court in the case of T.S.R. Subramanian and others vs. Union of India and others, reported in (2013) 15 SCC
732. In the said judgement, the Hon‟ble Apex Court while dealing with the Writ Petition filed under Article 32 of the Constitution of India in respect to the prayer sought therein for issuance of writ in the nature of mandamus to the Government to create „an independent‟ civil service board or commission both at the Centre or the State based on recommendations by the Hota Committee, 2004, the Second Administrative Reforms Commission, 2008 (10th Report). Further for issuance of a Writ or direction upon the respondents to fix tenure for the civil servants ensuring stability based on recommendations by various commissions and the central staffing scheme etc. The Hon‟ble Apex Court by referring the mandate under Article 309 of the Constitution of India which deals with recruitments and conditions of service of person serving the Union or the State and the same is expressly made subject to the other provision of the Constitution of India, held that in terms of said Article 309, appropriate legislation, Parliament or the State Legislature is empowered to legislate, to regulate the recruitment and conditions of service of persons appointed to public services and post 56 OA No. 16 of 2023 with OA Nos. 19, 23, 24, 42, 43, 44 & 45 of 2023 them in connection with the affairs of the Union or any State. Further it is also held therein that the Constitutional provisions such as Articles 309, 310, 311, 312, 318-333, Article 53, 154, 73 etc. are the Constitutional provisions which generally deal with the power of the executive. The principles governing the roles and responsibilities of the political executives and civil servants, are, therefore, constitutionally, define and also based on the basis of various rules framed by the President and Governor for the conduct of the business of the Government. Having recorded the said observations and finding, the Hon‟ble Apex Court by considering the Rule of Civil Servants which become very complex and onerous had issued various directions as recorded in paras 34, 35 and 36 read as under:-
"34. We, therefore, direct the Centre, State Governments and the Union Territories to constitute such Boards with high-ranking serving officers, who are specialists in their respective fields, within a period of three months, if not already constituted, till Parliament brings in a proper legislation in setting up CSB.
35. We notice, at present the civil servants are not having stability of tenure, particularly in the State Governments where transfers and postings are made frequently, at the whims and fancies of the executive head for political and other considerations and not in public interest. The necessity of minimum tenure has been endorsed and implemented by the Union Government. In fact, we notice, almost 13 States have accepted the necessity of a minimum tenure for civil servants. Fixed minimum tenure would not only enable the civil servants to achieve their professional targets, but also help them to function as effective instruments of public policy. Repeated shuffling/transfer of the officers is deleterious to good governance. Minimum assured service tenure ensures efficient service delivery and also increased efficiency. They can also prioritise various social and economic measures intended to implement for the poor and marginalised sections of the society.
36. We, therefore, direct the Union State Governments and Union Territories to issue appropriate directions to secure providing of minimum 57 OA No. 16 of 2023 with OA Nos. 19, 23, 24, 42, 43, 44 & 45 of 2023 tenure of service to various civil servants, within a period of three months.
12. From the above, it can be seen that the aforesaid directions issued by the Hon‟ble Apex Court is not restricted only with regard to Indian Administrative Services or All India Services (Conduct) Rules, as claimed by the applicants herein. In fact, the directions issued by the Hon‟ble Apex Court in the case referred above are in respect to better interest of „Civil Servants‟ of Government. Undisputedly, the applicants who are working as SSA under the respondents herein are Civil Servants in terms of the Constitution of India as well as the Employees Provident Funds Miscellaneous Provision Act and „Employees Provident Funds (Officers and Employees Conditions of Services) Regulations, 2008. Therefore, the submissions of learned counsel that the respondents had erroneously relied upon the directions issued by the Hon‟ble Supreme Court in the case of T.S.R. Subramanian (supra) are not acceptable and the same is also not tenable in the eyes of law.
13. At this stage, it is apt to mention that undisputedly before notifying and publication of the impugned transfer policy 12.12.2022 (Annexure A/1), the competent administrative authority/ies by considering the nature of the duties attached to the cadre of SSA had prepared a draft transfer policy, which was circulated through official website of EPFO vide communication dated 17.5.2022 for their views and comments from various stake holders. After considering the objections and suggestions and after due deliberations and discussions which came to be held with the Union representatives, the revised transfer policy came to be approved by the Chairman, CBT, which was circulated vide communication dated 12.12.2022. Therefore, it cannot be said that the impugned transfer policy has been issued by the respondents in an arbitrary manner. Even otherwise, there is no material on record to suggest that the impugned transfer policy has been issued in violation of any provisions of the Constitution of India and Statutes in vogue. Therefore, in light of dictum laid down by the Hon‟ble Apex 58 OA No. 16 of 2023 with OA Nos. 19, 23, 24, 42, 43, 44 & 45 of 2023 Court in a catena of judgments, some of which have been noted in preceding paras, we do not find any legal infirmity in the impugned transfer policy. The judgements relied upon by the learned counsel for the applicants are not helpful to support to claim made in the present OA.
14. In the absence of any proof of malafide on the part of the respondents in formulating and notifying the impugned transfer policy as well arbitrary action, this Tribunal is not inclined to interfere with the impugned Transfer Policy dated 12.12.2022.
15. In view of the aforesaid, all the OA lack merits and accordingly, the all these OAs are dismissed.
16. MA, if any, shall stand disposed of accordingly.
17. There shall be no order as to costs.
(Dr. Hukum Singh Meena) (Jayesh V. Bhairavia)
Member (A) Member (J)
/ravi/