Central Administrative Tribunal - Ahmedabad
Ram Dayal Meena vs Central Public Works Department on 29 March, 2023
CENTRAL ADMINISTRATIVE TRIBUNAL AHMEDABAD Order Sheet Item no.: 4 O.A./112/2023 (AHMEDABAD) [ TRANSFER ] Court No.: 1 No of Adjournment:
Order Dated: 29/03/2023 RAM DAYAL MEENA Vs CENTRAL PUBLIC WORKS DEPARTMENT For Applicant(s) Advocate : MIHIRKUMAR V PATEL For Respondent(s) Advocate :
Order of The Tribunal Heard Mr. Mihirkumar V. Patel, learned counsel for the applicant and perused the material available on record.
2. In the instant OA, the applicant has challenged the Office Order dated 30.09.2022 whereby he has been transferred from EE (E) Vadodara, Headquarter-Surat to EE (E) Vadodara, Headquarter-Vadodara on the post of Assistant Engineer (Electrical) (Annexure A/1).
3. The brief facts of the case are as under :
Consequent upon promotion from the post of Junior Engineer (Electrical) to Assistant Engineer (Electrical), the applicant was transferred from Rajasthan (North Region) to the post of Assistant Engineer (Electrical), SVNIT, Surat under EE (E) Vadodara vide Order dated 11.11.2021 (Annexure A/2). Thereafter, the respondents created the Post of Superintendent Engineer and Project Director SVNIT, Surat under whom four posts of Assistant Engineer (Electrical) were created. The applicant represented the department to attach him with SE & PD SVNIT, Surat on the ground that he is working at SVNIT Surat for last nine months and he has shifted his family to Surat. In case of change of station, academic session of his children will be adversely affected and financial loss will be caused to him. He made various representations dated 14.7.2022 (Annexure A/4), dated 21.6.2022 (Annexure A/5), dated 15.7.2022 (Annexure A/6) and one another representation dated 01.10.2022 (Annexure A/7). Dean planning and SVNIT also requested not to transfer the applicant till completion of on going projects.
4. Having regard to the submissions made by the learned counsel for the applicant and the material available on record, we are of the opinion that no ground exists for interference with the transfer order of the applicant vide order dated 30.09.2022 (Annexure A/1) whereby the headquarter of the applicant was transferred from Surat to Vadodara. The ground raised by the applicant does not make him entitled to challenge the transfer order. The applicant has no legal right to remain on a particular post. Considering the grounds raised by the applicant we are not inclined to issue notice against the respondents.
However, the respondents are expected to decide the prayer made through various representations by the applicant keeping in view also the reasons mentioned by the Dean Planning and Development of SVNIT, Surat in their letter dated 03.10.2022 and 21.10.2022 addressed to the Special Director General CPWD within six weeks from the date of receipt of a copy of this order.
5. The OA stands disposed of accordingly.
A K Dubey Rameshwar Vyas Member (A) Member (J) /nk/