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Judgment
PER: RAJINDER SINGH DOGRA, JUDICIAL MEMBER:
This application has been preferred to seek the following relief:
“8.1.That the Hon’ble Tribunal be pleased to set aside the impugned Establishment Order No. 112/2025 dated 07.11.2025 (ANNEXURE- A1) so far the applicant is concerned.
8.2.That the Hon'ble Tribunal be pleased to direct the respondent no. 2 to review the impugned posting order dated 07.11.2025 so far the applicant is concerned and allow him to complete his fixed tenure of at Customs Headquarter, Shillong.
8.3.Any other relief or reliefs as the Hon’ble Tribunal may deem fit and proper, including the cost of the case.”
The applicant is serving as Superintendent in Technical Branch of Headquarter, Customs, Shillong. He is aggrieved with the impugned Establishment Order No. 112/2025 dated 07.11.2025 (Annexure- A1) whereby he has been transferred to DGGSTI, Guwahati Zonal Unit on loan basis just after completion of 3 months 20 days of his posting at Headquarter, Customs Division, Shillong.
Sri S. Nath, learned counsel for the applicant submits that the respondent department has issued the transfer and Posting guidelines of Group ‘B’ and ‘C’ officer of GST & Customs dated 14.03.2023. In the said transfer and posting guidelines of Group ‘B’ and ‘C’ it has been stated that that the transfer guidelines shall be applicable with effect from the date of issuance of the letter and until further orders. In clause 2 it has been stated that:
“c, Option for posting is to be exercised by the 31st January every year and posting order shall be issued by the 15th March every year. All officers are to be released by 31st of March.” In the case of applicant, no willingness was sought and he had not opted for the transfer at Guwahati.
The impugned posting order has been issued without due consideration of history of posting (HOP), which is in violation of the Transfer Guidelines. As per Para 6 of the said Guidelines — “Normal tenure in the COST & CX Commissionerate, Audit and Custom Commissionerate shall be 4 years, which can be extended or reduced on administrative grounds.”. Since joining the Customs Commissionerate on 16.07.2025, the applicant has not yet completed the normal tenure of four years in Customs formation. As of date, the applicant has completed only four months of service in the said Customs formation.
As per Para 8 of the said Guidelines — “As far as feasible and except where it is required on administrative grounds, transfer from one station to another shall normally be made on completion of the stipulated tenure of posting at that station. ” The prescribed tenure of the applicant in Customs Headquarter Shillong is 6 years. However, the applicant has been transferred prior to completion of only four (04) months of service at the said station, which constitutes a serious violation of the Transfer/Placement Guidelines, 2023.
. Learned counsel for the applicant also submits that the wife of the applicant is serving as Senior Nursing Officer in NEIGRIHM, Shillong. As such, the applicant is entitled to be posted at Shillong in terms of para 11 of the transfer guidelines, 2023 as well the DoP&T O.M dated 30.09.2009. He has a young school going son due the nature of his wife’s duty comprising of shifts in Morning, Evening and Night, the applicant needs to be with his son whenever she has evening and night duty as he is too small to leave alone. So him being transfer would have an impact on the wellbeing of the child. So he also seeks consideration in terms of the spouse posting in terms of the DOPT OM (supra).
Respondents have stated that in terms of the allotment of grade wise staff to the Directorates issued vide letter dated 16.06.20t7 (Annexure R/3), 21 (Twenty One) Officers in the grade of Superintendent are to be provided to Directorate General of Goods and Services Tax Intelligence, Guwahati from the sanctioned strength of CCO Guwahati Zone on loan basis. In terms of the letter dated 18-10-2025 from Directorate General of Goods & Services Tax Intelligence, Guwahati Zonal Unit, informing that upon repatriation of few Officers posted in the Directorate who have completed their Ioan tenures, a total of 17 vacancies out of the sanctioned strength of 21 in the grade of Superintendents has arisen in the Directorate which has resulted in an unprecedented situation affecting the normal functioning of the Directorate and a request was made from the DGGI Guwahati Zonal Unit to post adequate number of Superintendents on loan basis at the Directorate and a list of suitable Officers with relevant experience was also shared, in which the applicant's name figured.
That, considering the precarious situation of vacancy in the grade of Superintendent at DGGI Guwahati Zonal Unit, the applicant along with 07 other officers were posted to DGGI Guwahati Zonal Unit vide this Office Establishment Order No. 1L212025 dated 07.11.2025, which was purely on the basis of administrative exigency and in public interest.
2. That Para 4 of the Transfer/ Placement Guidelines 2023 dated 14-03-2023 states: To the extent possible the posting at one go in "A" station/(s) shall be maximum of 6 years, in "B" station/ (s) for 4 years and in "C" station/ (s) for 2 years, The existing guidelines speak only about the 'maximum' tenure admissible and not minimum'. Further, the Transfer/ Placement guidelines also states that the policy is applicable "To the extent administratively feasible these guidelines aim to:-
Give opportunity to all officers to get to work in CGST and Customs
Effective and proportionate distribution of available human resources in all the formations with a view to bring out the potential of officers to the highest level in performing their duties.
It further states "Administration shall have full discretion to post any officer to any place, in deviation to the above transfer policy guidelines in view of administrative exigency or ground. In terms with CBICs Transfer Guidelines any aberration or deviation from the transfer policy shall have Chief Commissioner consent".
Sri A. Kundu, Learned Addl. CGSC for the respondents submits that it is not mandatory to take willingness, considering the vacancy position of DGGI Guwahati Zonal Unit in the grade of Superintendent and the obligation of this zone to provide adequate staff to the Directorate, the posting of the applicant along with 07 other officers has clearly been made on administrative exigency and applicant's suitability for the post. The averment made by the applicant that he has served at his current station for only four months is false as he has been posted at Shillong station since June 2022 and has already completed more than 3.5 years at his current station. That, Para 6 of the Transfer Guideline relied upon by the applicant itself stipulates that "which can be extended or reduced on administrative grounds.”
The Hon'ble Supreme Court in Union of India vs. S.L. Abbas (1993) 4 SCC 357 held that the guideline in respect of transfer does not confer upon the Government employees a legally enforceable right.
The CAT, Principal Bench in O.A. No. 3621/2011 (Susheel kumar Singh Vs Union of India) had made an observation:
"....Respondents have to balance the public interest and administrative exigencies on the one hand and the personal and family problems the applicant posed due to his transfer on the other hand. They find that institutional need is of paramount importance over the family compulsions of the applicant..."
The impugned posting order is issued by the competent authority and purely on administrative ground and in public interest to fill the urgent requirement.
Heard the learned counsel for the parties and perused the records and materials on record.
It is admitted position by both the parties that applicant was posted at Shillong on 16.07.2025 and vide impugned order dated 07.11.2025 the service of the applicant has been ordered to be posted at DGGSTI, Guwahati Zonal Unit on loan basis for period of two years. The contention of the applicant is that, since joining the Customs Commissionerate on 16.07.2025 at Shillong, he has not yet completed the normal tenure of four years in Customs formation, which he had in fact completed only four months.
It is noted from para 6 of the Transfer/Placement Guidelines, 2023 for Group ‘B’ and ‘C” officers of CGST & Customs, Guwahati Zone that “Normal tenure in the CGST & CX Commissionerate, Audit and Custom Commissionerate shall be 4 years”.
Also Clause 2 of the said transfer guidelines, it states that option for posting is to be exercised by the 31st January every year and posting order shall be issued by the 15th March every year. As per applicant, he has not given any option or willingness for posting to DGGSTI Guwahati on loan basis.
As per Para 8 of the said Guidelines — “As far as feasible and except where it is required on administrative grounds, transfer from one station to another shall normally be made on completion of the stipulated tenure of posting at that station. ”.
In the instant case, the applicant has been transferred prior to completion of the stipulated tenure, which according to applicant is 06 years, be that as it may, he has been transferred after four (04) months of posting at Shillong, which is violating their own transfer policy.
Considering the facts as stated above, the O.A is allowed. The impugned transfer order dated 07.11.2025 (Annexure A1), qua the applicant, is quashed and set aside. Respondents are directed to allow the applicant to continue in the present place of posting at Customs Headquarter, Shillong till he completed his fixed tenure and, once he completed the tenure as per the policy, they are at liberty to transfer the applicant as per administrative exigencies. No costs.