O. A. No. 399/2011 & 402/11. Case: 1. I. Sudharatnam W/o K. P. Vasu, Passport Granting Officer, Passport Office, Malappuram, 2. K. M. Durga W/o Late P. Sudhakaran, Passport Granting Officer, Passport Office, Malappuram Vs 1. Union of India, Represented by The Chief Passport Officer and Joint Secretary (CPV), Ministry of External Affairs, New Delhi, 2. Under Secretary (PVA), Ministry of External Affairs, New Delhi, 3. Passport Officer, Passport Office, Malappuram. Central Administrative Tribunal

Case Number:O. A. No. 399/2011 & 402/11
Party Name:1. I. Sudharatnam W/o K. P. Vasu, Passport Granting Officer, Passport Office, Malappuram, 2. K. M. Durga W/o Late P. Sudhakaran, Passport Granting Officer, Passport Office, Malappuram Vs 1. Union of India, Represented by The Chief Passport Officer and Joint Secretary (CPV), Ministry of External Affairs, New Delhi, 2. Under Secretary (PVA), Ministry of External Affairs, New Delhi, 3. Passport Officer, Passport Office, Malappuram
Judges:K. Noorjehan (Administrative Member)
Issue:Service Law
Judgement Date:June 29, 2011
Court:Central Administrative Tribunal
 
FREE EXCERPT

Judgment:

K. Noorjehan (Administrative Member), (Ernakulam Bench)

  1. As the legal issues involved in both these OAs are identical, they were heard together and are being disposed of by this common order.

  2. The applicants are aggrieved by the refusal of the respondents to relieve them from Malappuram Passport Office to join Kozhikode Passport Office inspite of the transfer order dated 12.06.2009. By filing these O.As, they pray for a direction to the respondents to relieve them from Malappuram Passport Office to join Kozhikode Passport Office. OA 399/2011

  3. That the applicant is presently working as Passport Granting Officer at Passport Office, Malappuram. She was deputed there on temporary duty in the year 2006 from Kozhikode office and was transferred there subsequently. She joined there on 14.10.2006. She has completed more than 4 years at Malappuram. As per the transfer policy dated 09.02.2010, two years is the tenure at a station. As per order dated 12.06.2009, she stands transferred back to Kozhikode alongwith 5 others, out of which 4 have been relieved and have since joined the office at Kozhikode. Her representations dated 26.4.2010 and 3.3.2011 have not yielded any favourable result. In the meantime she was promoted as Superintendent w.e.f 12.2.2009. The applicant submits that she is entitled for a transfer back to Kozhikode in 2009 itself as per the then existing transfer policy which prescribed a 3 years tenure. Even according to the revised transfer policy of 2010 with a two years tenure, she is eligible to be transferred back to Kozhikode. The applicant herself and her husband are suffering from various diseases. Her husband, a retired State Govt employee, residing at Kozhikode requires constant attention. The juniors to the applicant in age and service were relieved from Malappuram and transferred back to Kozhikode. As per the records maintained by the respondents themselves, a vacancy of Passport Granting Officer is available at Kozhikode Passport Office also. She further stated that a similarly situated employee who was transferred alongwith the applicant by Annx.A4 order has filed O.A 568/2010 before this Tribunal challenging the refusal of the respondents to relieve her from Malappuram Passport Office. The Tribunal allowed the OA by order dated 28.10.2010 (Annx.A10). She has joined Kozhikode office already.

    O.A 402/2011

  4. That the applicant is presently working as Passport Granting Officer at Passport Office...

To continue reading

REQUEST YOUR TRIAL