Praveen And Others vs Union Of India And Others

L Narasimha Reddy, J

The applicants are members of the Central Power Engineering Service (CPES) and are holding various positions in the Central Electricity Authority (CEA). The Ministry of Power issued Office Memorandum dated 14.02.2020 requiring the CEA, second respondent herein, to identify the suitable posts with different job responsibility, for implementation of the plan for field posting of CPES officers. This was in the light of the guidelines framed for field posting of the CPES officers. In the appended guidelines, the broad features of deputation and posting are furnished.

The applicants contend that the very policy and the guidelines framed by the respondents are contrary to law and, in particular, the relevant recruitment rules. They contend that the respondents are taking steps to post them to establishments and offices, which are totally outside their units of appointment. It is also their contention that the deputation and posting contemplated through the impugned policy would be contrary to the transfer policy which is already in force.

We heard Sh. Saqib, learned counsel for the applicant, Sh.G.S. Virk, learned counsel for respondent nos. 1 to 4 and Sh. R.V. Sinha, learned counsel for respondent no. 5, at the stage of admission, in detail.

What is challenged in the OA is the Office Memorandum dated 14.02.2020. It is very brief in its content and it reads as under:

"The undersigned is directed to enclose herewith a copy of guidelines approved by Secretary (P) for Field posting of Central Power Engineering Service Officers of Central Electricity Authority to the Central Public Sector Undertakings / DISCOMs.

Central Electricity Authority is requested to coordinate with the CPSUs/DISCOMs to identify suitable posts with defined job responsibility in the identified areas and draw up an implementation plan for field posting of CPES officers and forward it to Ministry by 20.02.2020 for obtaining necessary approval of Hon'ble Minister of State for Power (IC)"

The guidelines for field posting of the officers of CPES are also appended. Broadly stated, the effort is to ensure that the deputation is restricted to a particular period and the number of officers in any unit, to be sent on deputation is also regulated. In other words, indiscriminate deputation is sought to be curbed.

The applicants apprehend that they may be posted to various units, contrary to the transfer policy and even, the recruitment rules. We are of the view that the applicants cannot challenge the policy or the guidelines framed by the Government of India. It is only when an officer is transferred and he is able to point out that such transfer or posting is contrary to any specific rule, that the occasion may arise to examine the legality thereof. As of now, the applicants do not have any specific grievance and it is only their apprehension. We do not find any basis to interfere with the impugned Office Memorandum. At the same time, we leave it open to the applicants to approach this Tribunal in case any transfer or posting is made contrary to their service conditions or existing policy.

The OA is accordingly dismissed with the above observation. There shall be no order as to costs.