Central Administrative Tribunal - Ernakulam
K. Anoop Sagar vs Union Of India on 28 January, 2014
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
O.A. No. 931/2012
Tuesday, the 28th day of January 2014
CORAM:
HON'BLE MR. JUSTICE A.K. BASHEER, JUDICIAL MEMBER
HON'BLE MR. K. GEORGE JOSEPH,ADMINISTRATIVE MEMBER
K. Anoop Sagar, S/o P. Kesavan Namboodiri,
Aged 33 years, Field Publicity Officer,
Directorate of Field Publicity,
Ministry of Information, Government of India,
Moosa Apartment, Makkani,
South Bazar, Kannur- 670 002. ......Applicant
(By Advocate Shri N. Unnikrishnan)
Vs.
1. Union of India, represented by the
Secretary to the Government of India,
Ministry of Information and Broadcasting,
Room No.747, 'A' Wing, Shastri Bhavan, New Delhi-110 001.
2. The Director General,
Directorate of Field Publicity,
Ministry of Information, Government of India,
East Block-4, Level-3, R.K. Puram, New Delhi-110 066.
3. The Deputy Director,
Directorate of Field Publicity,
Ministry of Information, Government of India,
Uppalam Road,
Thiruvananthapuram -695 001.
4. The Administrative Officer,
Directorate of Field Publicity, Kerala Region,
Ministry of Information, Government of India,
Uppalam Road, Thiruvananthapuram -695 001.
5. Shri N.C. Jayachandran, FPO,
Directorate of Field Publicity, Prasad Apartments,
Noorani P.O., Palakkad-678 004. ......Respondents
(By Advocate Mr.Sunil Jacob Jose, SCGSC)
The application having been heard on 09.12.2013, the Tribunal on
28.1.2014 delivered the following:
O R D E R
HON'BLE MR. JUSTICE A.K. BASHEER, JUDICIAL MEMBER The applicant who is a probationary Group 'B' Senior Grade Officer of Indian Information Service, has filed this Original application impugning Annexure A-3 order issued by the Ministry of Information and Broadcasting transferring him from Kannur to Itanagar. Applicant contends that this order of transfer is "casual and mechanical in nature" and that it is totally discriminatory and in violation of Annexure A-4 Personnel Policy.
2. It is not in dispute that the applicant who is a Direct recruit had joined the service in August, 2009. After undergoing the foundation training he was posted in Kannur on July 19, 2010 as Field Publicity Officer.
3. According to the respondents the applicant has been transferred to Itanagar along with three other Group 'B' probationers like him to North Eastern State/ Jammu & Kashmir strictly in terms of the Personnel Policy of Indian Information Service- Group 'B' Officers It is pointed out by the respondents that the Personnel Policy came into force with effect from January 18, 2008 which inter alia provides that it should be implemented immediately for all the direct recruits joining the Indian Information Service- Group A/B officers after January 1, 2008.
4. Since the applicant has assailed the order of his transfer primarily based on the Clauses contained in the Personnel Policy, it is profitable to refer to some of the Clauses in the policy that are relevant for our purpose and which are extracted hereunder:-
E. SENIOR GRADE GROUP 'B' i. On being recruited to the service, a Group 'B' officer will have to undergo Foundation training of six (6) months at IIMC ii. Six months attachment (one month each) in Press Information Bureau All India Radio Doordarshan News DAVP DFP/PR&TD/RNI DPD iii First posting for 5 years in any of the three Media Sectors but in field stations.
iv. Thereafter Media Sector change after every 5 years irrespective of the station.
v. On promotion to IIS Group'A' change of Station will be mandatory. Thereafter change of Media Sector after every 5 years.
vi. In first 10 years of service one hard/difficult posting for 2 year tenure is mandatory for all officers. (for purpose of field posting Stations other than New Delhi and cities like Hyderabad, Ahmedabad, Surat, Bangalore, Mumbai, Nagpur, Pune, Jaipur, Chennai, Kanpur, Lucknow, Kolkata and Station other than Hometown only will be considered.) F. DEPUTATION/COOLING OFF PERIOD xxx xxx xxx iv. No officer would be considered for Central Deputation/ other deputation or training abroad of any duration or foreign assignment unless he/she has completed 2 years in field. (for purpose of field posting stations other than New Delhi and cities like Hyderabad, Ahmedabad, Surat, Bangalore, Mumbai, Nagpur, Pune, Jaipur, Chennai, Kanpur, Lucknow, Kolkata and Station other than Hometown only will be considered.
G. POSTING IN N.E. STATES/J&K:
i. For all Group 'A' officer one posting of 2 years duration in NE state/J & K during the first 15 years of service will be mandatory. Similarly, for Group 'B' officers one hard posting for 2 years tenure in the first 10 years of service will be mandatory.
H. IMPLEMENTATION The policy will be implemented immediately for all Direct Recruit joining IIS Group 'A'/'B' after 01.01.2008 and all promotion orders to be issued after 01.01.2008. For the remaining officers, policy will be implemented in a phased manner in April each year for implementing provisions relating to Tenure /Media Sectors/Station as enumerated for each Grade.
5. A perusal of clause G (i) will unambiguously show that one hard posting for 2 years tenure in North Eastern States/J&K the first 10 years of service will be mandatory for Group 'B' officers and Clause E (vi) will show that in first 10 years of service one hard/difficult posting for 2 year tenure is mandatory for all officers.
6. The case of the respondents is that, Nine Group B Senior Probationary officers had already undergone their hard tenure posting in North Eastern States/ J&K. Applicant and three other probationers like him have now been transferred to North Eastern States/J&K as stipulated in the Personnel Policy.
7. However, it is contended by the learned counsel for applicant that clause E(iii) will show that the first posting of Group 'B' officer must be for 5 years. He contends that the applicant has not completed 5 years in Kannur and therefore, he is not liable to be transferred. We are unable to agree.
8. It can be seen from the Personnel Policy referred to above that , it has been framed "with a view to ensure holistic career development of IIS Group 'A' and Group 'B' officers, balance their working experience in different Media Units i.e. Headquarters vis-a-vis field units and different Media Units inter-se, effective utilization of human resources and objectivity/transparency in posting/transfers." It is also envisaged that the policy should provide a judicious mix of working experience in Electronic Media, Print media and Inter-personal Media till the officer reaches Senior Administrative Grade (SAG) in the cadre where they may head a Media Unit. Every Officer who is recruited after passing the Civil Service Examination is supposed to undergo Foundation Course training for three months at Lal Bahadur Shastri National Academy of Administration and nine months training at IIMC, New Delhi. It is also envisaged that every officer is given field posting in Electronic Media i.e AIR and Doordarshan News for a period of two years or till promotion in STS whichever is later.
9. We have referred to the above salient features of the Personnel Policy only to indicate that it appears to be a wholesome policy aimed at ensuring a holistic career development. Applicant who is admittedly a probationer has to be necessarily posted in a hard /difficult field station in North Eastern State/J&K during the first ten years of posting. The assertion made by the respondents that nine Senior Probationers like the applicant had already undergone their stinct of training of hard /difficult posting in Northern States/J&K has not been denied. Now it is the turn of the applicant and three other Probationers for such posting. All the above aspects have been reflected in Annexure A-13 order passed by respondent No.1 after considering the representation submitted by the applicant as directed by this Tribunal.We do not find any reason to disagree with the decision taken in Annexure A-13. In any view of the matter we do not find any illegality or irregularity in the order of transfer. Significantly applicant has not alleged any malafides in the action of the respondents while issuing Annexure A-1 order of transfer.
10. In State of U.P Vs. Gobardhan Lal; (2004) 11 SCC 402 it has been held thus :-
"A Government servant has no vested right to remain posted at a place of his choice nor can he insist that he must be posted at one place or the other. He is liable to be transferred in the administrative exigencies from one place to the other. Transfer of an employee is not only an incident inherent in the terms of appointment but also implicit as an essential condition of service in the absence of any specific indication to the contrary. No Government can function if the Government servant insists that once appointed or posted in a particular place or position, he should continue in such place or position as long as he desires."
11. A Division Bench of the High Court of Kerala in Nirmalandan Vs. Dinakaran (1989) 1 KLT 126 has held that :-
"Transfer is an incidence of service and the Government servant has no legal right in this behalf. Guidelines for transfer are not statutory and are only meant for the guidance of the transferring authority. The guidelines issued by the Government from time to time in the matter of transfer are not exhaustive and it is open to effect transfers taking into consideration circumstances not covered by the guidelines, as in administration variety of situations not contemplated by the guidelines may arise which have to be taken into account. The appellant cannot therefore successfully contend that he has acquired immunity from transfer on the strength of the guidelines of the Government in this behalf. The guidelines themselves make it clear that if transfers are required to be made to sub-serve public interest, none of the guidelines in the matter of transfers shall come in the way of effecting such transfers."
(emphasis supplied by us)
12. In Union of India and others Vs. S.L.Abbas JT 1993 (3) SC 678 their Lordship of the Supreme Court has held that:
"An order of transfer is an incident of Government service. ...........Who should be transferred where, is a matter for the appropriate authority to decide. Unless the order of transfer is vitiated by malafides or is made in violation of any statutory provisions, the court cannot interfere with it. While ordering the transfer, there is no doubt, the authority must keep in mind the guidelines issued by the Government on the subject. ......... Guidelines however does not confer upon the Government employee a legally enforceable right."
13. In Shilpi Bose (Mrs.) & Ors. Vs. State of Bihar & Ors. AIR 1991 SC 532 it has been held that :
"A government servant holding a transferable post has no vested right to remain posted at one place or the other; he is liable to be transferred from one place to the other. Transfer orders issued by the competent authority do not violate any of his legal rights." The Court further held that "Even if a transfer order is passed in violation of executive instructions or orders, the courts ordinarily should not interfere with the order instead affected party should approach the higher authorities in the department...........".
14. Having regard to the entire facts and circumstances of the case and also keeping in view the judicial precedents referred to above, we do not find any merit in any of the contentions raised by the applicant in this Original Application.
15. It is brought to our notice that the applicant has remained in Kannur on the strength of the interim order passed by this Tribunal on October 16, 2012. The said interim order is vacated.
16. Original Application fails and it is accordingly dismissed. No costs.
(K. GEORGE JOSEPH ) (JUSTICE A.K. BASHEER) ADMINISTRATIVE MEMBER JUDICIAL MEMBER rv