OA/180/00503/2016. Case: P. K. Krishnakala Vs 1. Union of India represented by the Secretary to Government Department of Posts 2. The Chief Postmaster General Kerala Circle 3. The Superintendent of Post Offices. Central Administrative Tribunal

Case NumberOA/180/00503/2016
CounselFor Appellant: Mr.V.Sajithkumar, Adv and For Respondents: Mrs.Mini R.Menon, ACGSC
JudgesMr. N.K.Balakrishnan, Judicial Member and Mrs. P.Gopinath, Administrative Member
IssueAdministrative Law
Judgement DateJanuary 12, 2017
CourtCentral Administrative Tribunal

Order:

N.K.Balakrishnan, Judicial Member, (Ernakulam Bench)

  1. Annexure A1 order dated 19.05.2016 qua the applicant is under challenge. The applicant figures at S.No.8 in Part-I by which the applicant who is now working as Postal Assistant at Adoor HO has been transferred to SPM Nedumon S.O. The applicant contends that his transfer is discriminatory and is vitiated by legal malafides. Applicant had not completed the minimum tenure of 4 years as provided in the transfer guidelines. As per the Guidelines, the transfer before expiry of completing the minimum tenure can only be on administrative interest, applicant contends. In Annexure A1, no such administrative interest or exigency is mentioned. Annexure A1 is seen to be only a general transfer order issued annually. No option was obtained from the applicant. She joined the present station on her request. All other officials who completed their tenure were given the option to select their choice as instructed by the Director General. Therefore, a person who has not completed the tenure can be shifted only on administrative reasons or exigency of service. But the transfer of the applicant was not made on such ground. There are officials who had already been granted MACP who can be posted as SPM Nedumon.

  2. The respondents resist the petition contending that the transfer is an incidence of service. Transfer made on public interest or on administrative ground should not be interfered with unless there are strong and pressing grounds rendering the transfer order illegal. As the matrimonial home is near to Adoor, considering the request of the applicant, she was posted to Adoor HO after her marriage. Thus it is evident that the respondents have shown utmost consideration to the convenience of the applicant. An official can be transferred from a post in administrative interest or at the request of the official, provided the official has completed at least one year of service in the said post vide Annexure R1. A necessity arose to fill up the post of SPM, Nedumon due to the transfer of the incumbent who was even otherwise due to retire on superannuation on 30.11.2016. None of the officials expressed willingness to work in the said post. Hence decision was taken to transfer an official in the administrative interest. As per Annexure A3, only those officials who have completed maximum tenure in an office are eligible to give an option regarding their choice of the station. No official was willing...

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