Central Administrative Tribunal - Kolkata
All Indian Defence Accounts Employees ... vs Defence on 6 December, 2024
1 O.A./350/1848/2024
CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH
KOLKATA
OA/350/1848/2024
MA/1215/2024
Date of Order: 06.12.2024.
Coram: Hon'ble Smt. Urmita Datta (Sen), Judicial Member
Hon'ble Mr. Suchitto Kumar Das, Administrative Member
1. All Indian Defence Accounts Employees Association (AIDAEA) (HQ)
Kolkata, represented by Sri Sondeep Mukherjee, Son of Late Dilip
Mukherjee, Secretary General, (AIDAEA) (HQ), aged about 53 years,
working as Sr. Auditor, (Group-B, Non-Gazeted), Account No. 8333017
under PCDA, Kolkata erstwhile PCA (Fys), Kolkata under the
Directorate of CGDA registered address of the Association being
Ayudh Bhavan, 10A, S.K. Bose Road, Kolkata - 700001.
2. Sri Nabarun Mukherjee, Son of Late Milan Mukherjee, aged about
52 years, working as Sr. Auditor, (Group-B, Non-Gazeted), Account No.
8335120 at PCDA Kolkata under CGDA, being Vice-President of
(AIDAEA) (HQ) Kolkata at present residing at P.O. & Vill. - South Garia,
Ras Para, District 24 Parganas (South), P.S. Baruipur, Pin - 743613.
3. Sri Arijit Kundu, Son of Ashoke Kundu, aged about 41 years, working
as Sr. Auditor, (Group-B, Non-Gazeted), Account No. 8340856 at PCDA
Kolkata under CGDA, being Assistant Secretary General of
(AIDAEA)(HQ) Kolkata at present residing at 34, Shyam Sundar Pally,
Main Road, Shakuntala Park, Kolkata - 700061.
4. Sri Sujit Kumar Datta, Son of Late Ram Pada Datta, aged about 52
years, working as Sr. Auditor, (Group-B, Non-Gazeted), Account No.
8335605 at PCDA Kolkata under CGDA, being Finance Secretary of
(AIDAEA) (HQ) Kolkata at present residing at B/9/M, 35, Lawrence
Street, Uttarpara, District - Hooghly, Pin-712258.
............Applicants
Vs.
1. Union of India service through the Secretary Defence, Ministry of
Defence, South Block, New Delhi-110001.
Digitally signed by Subhrajit Koley
Subhrajit
DN: C=IN, O=Personal, T=3539, OID.2.5.4.65=
133591138022710223v284IA59zvRrBc, Phone=
ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac
3fe9b11, PostalCode=712139, S=West Bengal, SERIALNUMBER=
3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a162
5afef, CN=Subhrajit Koley
Koley Reason: I am the author of this document
Location:
Date: 2024.12.06 17:26:32+05'30'
Foxit PDF Reader Version: 2024.3.0
2 O.A./350/1848/2024
2. Controller General of Defence Accounts, Ulan Batar Road, Palam,
Delhi Cantt-110010.
3. Principal Controller of Defence Accounts, Kolkata 10-A, S. K. Bose
Road, Kolkata - 700001.
..... Respondents
For the Applicant : Mr. C Sinha; Counsel
For the Respondents : Mr. R Halder; Counsel
O R D E R (O R A L)
Per: Hon'ble Smt. Urmita Datta (Sen) (J):
1. Ld Counsel for the applicant is present.
2. Ld Counsel Mr. R Halder appears on behalf of the respondents. He files his memo of appearance which is taken on record.
3. Heard.
4. The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985, praying for the following relief(s):-
"a) Liberty be granted under Rule 4(5)(b) of CAT (Procedure) Rules, 1987 to file and maintain the petition jointly having a common cause of action.
b) To set aside and quash impugned Order No. AN /X/10050/Seniority- 10/2024/TR-1364 to 1596 dated 29.11.2024 issued by the Office of CGDA qua Applicant No. 2 to 4.
c) To direct the respondents to allow applicant No.2 to 4 to continue in their present place of posting at Kolkata.
d) To direct the respondents to cause them to act in consonance with at Para 8.4 of Transfer Policy dated 28.03.2014 read with circulars dated 26.10.2018, 06.02.2019 and 21.07.2020 and allow exemption to applicant No. 2 to 4 against transfer out of Kolkata being office bearer of All Indian Defence Accounts Employees Association (AIDAEA) (HQ) Kolkata.
e) Any other order or orders as the Hon'ble Tribunal deems fit and proper."
5. MA/1215/2024 filed by the applicants under Rule 4(5)(a) of the CAT (Procedure) Rules, 1987, for joint prosecution is allowed on being satisfied Digitally signed by Subhrajit Koley Subhrajit DN: C=IN, O=Personal, T=3539, OID.2.5.4.65= 133591138022710223v284IA59zvRrBc, Phone= ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac 3fe9b11, PostalCode=712139, S=West Bengal, SERIALNUMBER= 3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a162 5afef, CN=Subhrajit Koley Koley Reason: I am the author of this document Location:
Date: 2024.12.06 17:26:32+05'30' Foxit PDF Reader Version: 2024.3.0 3 O.A./350/1848/2024 with the grounds therein. The applicants are accordingly allowed to pursue the remedy jointly. MA/1215/2024 accordingly stands allowed, subject to payment of individual Court fees.
6. Ld Counsel for the applicant submits that the instant OA has been filed by the applicants basically challenging the impugned Transfer Order dtd.
29.11.2024 on the ground that they are the office bearers of the unions who are still holding the association post. Therefore, they have asked for protection under Para 8.4 of the Transfer Policy dtd. 28.03.2014, Para 2 (a) of the Circular dtd. 21.07.2020, Para 2 (xi) of the Circular dtd. 26.10.2018 and Circular dtd. 06.02.2019. In this regard the applicants have made a representation dtd. 02.12.2024 followed by the representation made by the Secretary General of All India Defence Accounts Employees Association (HQ Kolkata). However, as per the Ld Counsel for the applicants none of the aforesaid representations has been considered by the respondent authority.
Being aggrieved with the same the applicants have approached this Tribunal and have filed the instant OA.
7. Ld Counsel for the applicants further submits that it would suffice his purpose if an order is passed by this Tribunal directing the respondent no. 2 to consider the pending representations of the applicants treating this OA as a part of it, in light of the abovementioned transfer policies and circulars.
8. Per contra Ld Counsel for the respondents objected the contention made by the Ld Counsel for the applicants and in this regard he brings on record several Circulars and Orders such as Circular dtd. 02.06.2022, Order dtd.
04.08.2022, Circular dtd. 13.10.2023, Circular dtd. 26.12.2023 and Circular Digitally signed by Subhrajit Koley Subhrajit DN: C=IN, O=Personal, T=3539, OID.2.5.4.65= 133591138022710223v284IA59zvRrBc, Phone= ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac 3fe9b11, PostalCode=712139, S=West Bengal, SERIALNUMBER= 3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a162 5afef, CN=Subhrajit Koley Koley Reason: I am the author of this document Location:
Date: 2024.12.06 17:26:32+05'30' Foxit PDF Reader Version: 2024.3.0 4 O.A./350/1848/2024 dtd. 03.07.2006. All the Circulars/ Orders which are submitted by the Ld Counsel for the respondents are taken on record.
9. In view of the above, we direct the respondent no. 2 i.e. the Controller General of Defence Accounts, Delhi Cantt- 110010, to consider the pending representation of the respective employees treating this OA as a part of it, in light of Para 8.4 of the Transfer Policy dtd. 28.03.2014, Para 2 (a) of the Circular dtd. 21.07.2020, Para 2 (xi) of the Circular dtd. 26.10.2018 and Circular dtd. 06.02.2019 and other relevant instructions/ policies on the subject and communicate the decision to the applicant by way of a reasoned, speaking order within a period of 04 weeks from the date of receipt of certified copy of this order.
10. The respondents are further directed not to give effect to the Transfer Order dtd. 29.11.2024 qua the applicant nos. 2, 3 and 4 till a decision on their representation is taken by them and is communicated to the applicants.
11. Further, we make it clear that we have not gone into the merit of the case.
All points are kept open for consideration by the respondents.
12. Accordingly, the OA is disposed of at admission stage. No costs.
(Mr. Suchitto Kumar Das) (Smt. Urmita Datta (Sen))
Member (A) Member (J)
sk
Digitally signed by Subhrajit Koley
Subhrajit
DN: C=IN, O=Personal, T=3539, OID.2.5.4.65= 133591138022710223v284IA59zvRrBc, Phone= ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac 3fe9b11, PostalCode=712139, S=West Bengal, SERIALNUMBER= 3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a162 5afef, CN=Subhrajit Koley Koley Reason: I am the author of this document Location:
Date: 2024.12.06 17:26:32+05'30' Foxit PDF Reader Version: 2024.3.0