Central Administrative Tribunal - Ernakulam
Jos P.A vs Zonal Director on 25 October, 2013
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
O.A.No.842/2013
Friday, this the 25th day of October, 2013
C O R A M :
HON'BLE Mr.GEORGE PARACKEN, JUDICIAL MEMBER
Jos P.A
Group D Officer
Nehru Yuva Kendra, Ayyanthole
Trichur - 680 003 - Applicant
(By Advocate Mr.C.S.G Nair)
Versus
1. Zonal Director
Nehru Yuva Kendra Sangatan
Press Club Road
Trivandrum - 695 001
2. District Yough Co-ordinator
Nehru Yuva Kendra Sangatan
Ayyanthole, Trichur - 680 003
3. The Director General
Nehru Yuva Kendra Santatan
East Plaza, Indira Gandhi Indoor Stadium
New Delhi -110 001
4. Union of India represented by its Secretary
Youth Affairs & Sports
Sasthri Bhavan, New Delhi - 110 001 - Respondents
(By Advocate Mr.Sunil Jacob Jose, SCGSC)
This application having been heard on 25th October 2013 this
Tribunal on the same day delivered the following :-
O R D E R
BY HON'BLE Mr.GEORGE PARACKEN, JUDICIAL MEMBER
1. The applicant, a Group 'D' employee is aggrieved by the Annexure A- 2 order dated 25.07.2013 transferring him from Nehru Yuva Kendra (NYK for short), Thrissur to NYK , Ernakulam.
2. According to the applicant, the aforesaid order is arbitrary and discriminatory as there are other Group 'D' employees in other NYK's who have never been transferred. He has specifically mentioned the case of one Mr.T Hamza, a group 'D' working in NYK Malappuram, who has never been transferred from that place. He has also submitted that his health condition does not permit him to leave Thrissur as he is suffering from Amavatham and on account of that he is presently on medical leave but has not been paid his salary for the last two months. Further according to him, his wife is working in Amala Ayurvedic Hospital at Thrissur and she is unable to do any physical work because of her illness. He has also got only three more years of service for superannuation and at the fag end of his service the transfer ordered by the respondents is against the O.M F.No.28034/9/2009 -Estt(A) dated 30.09.2009 issued by the Department of Personnel and Training, according to which, as far as possible, the husband and wife should be posted in the same station. Learned counsel for the applicant has also submitted that by the present transfer, the respondents are really harassing the applicant.
3. The respondents have filed their reply stating that the transfer of the applicant was necessitated due to the fact that the group D staff at NYK Ernakulam had gone on long leave and for the last 8 months there had been no Group 'D' staffs there. Therefore, a decision was taken to get the service of a Group 'D' staff from neighbouring district. At present NYK Thrissur has got two Group 'D' staff, the applicant and one Smt.Rosily Antony. Smt.Rosily Antony has recently undergone bye-pass surgery and she is not in a position to undergo any transfer at the present stage. Therefore, it was decided to transfer the applicant on temporary arrangement to meet the administrative exigency. His wife herself is working in a private hospital and it is from there he got his medical certificate for his treatment for 'Amavatham'. However, his medical records shows that from 2007 onwards he has not availed of any medical leave for any kind of treatment and the present medical certificate is only intented to avoid his present transfer.
4. I have heard the learned counsel for the applicant and learned counsel for the respondents. It is seen that the transfer of the applicant to NYK Ernakulam was necessitated due to administrative exignecy. Moreover, the respondents have stated that it is a temporary measure till the incumbent of the post of group 'D' in NYK Ernakulam, Shri. Salamulla returns from his leave. I, therefore, do not find any reason to interfere with the aforesaid order of transfer of the applicant. At this stage, the learned counsel for the applicant Shri.C.S.G Nair has fairly submitted that the applicant will join at NYK Ernakulam on or before 31.10.2013.
5. I, therefore, dismiss this Original Application but with direction to the applicant to ensure that he joins at NYK Ernakulam on or before 31.10.2013 and the respondents shall release his up-to-date salary after regularising his period of absence as leave as admissible under the rules.
6. There shall be no order as to cost.
(GEORGE PARACKEN) JUDICIAL MEMBER sv