MOD TRANSFER CASE CHANDIGARH CAT BENCH

Case pertains to transfer policy pursuant to the direction of the Supreme Court in the case of T.S.R. Subrmanian & Ors. v. UOI & Ors in Challenge.

Transfer Challenged in MOD Chandigarh CAT Bench

In this post we will be discussing about the 10 OA’s that have been filed before the Central Administrative Tribunal, Chandigarh Bench, which deal with identical questions of law and facts and also seek a common relief.

Also Read- Transfer Order Quashed by High Court Chandigarh

APPLICANTS:

Satish Kumar
Mamta
Suman Bhatia
Neeraj
Raj Singh
Jai Prakash
Rajendra Dobhal
Asha S. Kumar
Sunil Kumar Dhar
Rajesh Bharti

RESPONDENTS:

Union of India through Secretary, Ministry of Defense, South Block, New Delhi -110 001
Director General Staff Duties SD-7, General Staff Branch, Integrated HQ of Ministry of Defense (Army), DHQ, P.O. New Delhi- 110 001
The General Officer Commanding in Chief, HQ, Western Command, Chandimandir-134 109

CORUM:

Hon’ble Mr. Sanjeev Kaushik, Member (J)

FACTS:

The facts are of the case- Satish Kumar v. UOI & Ors.

The applicant assails his transfer order dated 02.01.202 which is purported to have been passed in accordance with transfer policy dated 29.11.2019 whereby the applicant has been transferred from Chandimandir to Headquarters Eastern Command, Kolkata.

Also Read- TRANSFER Posting Challenged Central Administrative Tribunal

ARGUMENTS BY THE COUNSEL FOR THE RESPONDENTS:

Brigadier N.K. Ohri, VSM, Dy. JAG, HQ, Western Command is present in the court. According to the Brigadier, the respondents passed the impugned transfer order based on policy dated 29.11.2019, stating that the transfer policy has been framed pursuant to the direction of the Supreme Court in the case of T.S.R. Subrmanian & Ors. v. UOI & Ors. He also submitted that the interim protection was granted by this court to the applicant in terms of the order passed by the High Court, arising out of the order passed by this court, whereby this court had declined to grant interim stay.

Brigadier Ohri further apprised the court that they have decided to move an application for vacation of stay before the Hon’ble High Court on the same facts placed before this court. Since the transfer order is pending, he stated that the respondents should be allowed to decide the pending representation by passing a reasoned and speaking order before the intended date of relieving of the applicant i.e., 10.02.2020. The respondents will consider each and every point raised by the applicant in the instant OA while deciding the indicated representation.

Also Read- Grant of Non- Functional Upgradation CAT Chandigarh Case

ARGUMENTS BY THE COUNSEL FOR THE APPLICANTS:

The counsel submitted that the applicants should be given protection, in case the order is passed against them, for another three days beyond the date of such order by the respondents so that they can approach the court.

JUDGEMENT:

After hearing the averments of both the parties, the court had decided to dispose all the OA’s by directing the competent authority among the respondents, to decide by passing a reasoned and speaking order within the stipulated time. The respondents shall also consider the stay order granted by the Hon’ble High Court, in deciding similar matters.

The order shall be communicated to the applicants. If the order is passed against the applicants, they will have three days, from the receipt of such order, to approach the court of the law to seek the appropriate remedy in accordance with law.

No costs shall be applied.

Also Read- High Court Chandigarh orders Special Bench of CAT Tribunal

For case specific advice, please contact Chandigarh Administrative Tribunal/Service Matter/Labour and Service/CAT/Legal Aid/Administrative/Senior/Service Employment Lawyers Advocates in Chandigarh Panchkula Mohali Kharar Derabassi Zirakpur etc.