AI Structured Summary
Not yet generated for this judgment
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 direct the respondents to cancel/modify the impugned transfer and posting order dated 26.06.2025(Annexure-A1) with a further direction upon the respondents to allow the applicants to retain in the present place of posting at CWC, Shillong in the cadre of Section Officer till the 2 years academic session/final examination of his son is over by April 2027, who is studying in class XI at St. Anthony's Higher Secondary School, Shillong under the Meghalaya Board of School Education Shillong, in the light of the judgment of the Honorable Supreme court in the case of Director of School Education, Madras and Others Vs. O. Karuppa Thevan and Others reported in 1994 Supp (2) SCC 666, as well as in the light of judgment and order dated 30.05.2022, passed by the Honorable Tribunal in O.A No. 9112022 in the case of Rupanta Kumar Das versus Union of lndia and Others. Otherwise, son of the applicant will suffer irreparable loss and injury in the matter of his smooth continuation of his education at this critical juncture. Or alternatively –
8.2That the Hon'ble Tribunal be pleased to direct the respondents to defer the transfer and posting of the applicants issued under impugned order dated 26.06.2025 (Annexure Al) from CWC, Shillong to New Delhi, with a further direction to allow the applicants to continue in their present place of posting at CWC Shillong, till 2 years academic session of their son who is studying in Class Xl at Shillong is over in the month of April 2027.
8.3Any other relief or reliefs as the Hon'ble Tribunal may deem fit and proper, including the cost of the case.”
The applicants are aggrieved with the impugned rotational transfer and posting order dated 26.06.2025 whereby both the applicant No. 1 & 2, who are husband and wife serving as Section Officer in the office of the Chief Engineer (BOBO) CWC Shillong as well as in the office of the Superintending Engineer NEIC-cum-M&A Directorate, CWC, Shillong are now sought to be transferred and posted from Shillong to New Delhi on account of rotational transfer. Both the applicants are now on the verge of retirement on superannuation having little more than 3/2 years of service in their credit. Whereas, in the transfer policy dated 02.11.2022, specifically provided as follows in Clause 4 of the transfer policy:
"4. Officers exempted from transfer under RTP-
(i)Officers of all grades within two years of superannuation will be exempted from rotational transfers.
(ii)Officers likely to be Promoted within one year shall be exempted from the RTP as on Promotion officers are transferred if they have completed the prescribed tenure for the promotional Post."
In view of the aforesaid statutory provision the present applicants also need to be exempted from the scope of rotational transfer and posting since, they are hardly left with little more than 312 years of service in their credit respectively for retirement on superannuation and, on that score alone, the Hon’ble Tribunal be pleased to direct the respondents to modify the impugned transfer and posting order 26.06.2025 deleting the names of the applicants with a further direction upon the respondents to allow the applicants to continue in the present place of posting at Shillong in the state of Meghalaya till completion of the academic session of the son of the applicants i.e upto April 2027.
Respondents have stated that the applicants have been posted in Shillong since 1994 for almost 31 years. In the list of Section Officers due to be covered under RTP had been circulated vide DoPT's OM No.06/02/2025- CS.I(S) dated 17.02.2025. It had been mentioned in the O.M. of DOPT that rotational transfers will be done from Group 'A' to Group 'B' Ministries/Department (as per Annexure-I to OM dated 02.11.2022) and vice versa. The name of both these Section Officers had been mentioned in the list. Hence, it is a fact that sufficient time has been given to plan the schedule for transfer and take care of the academic session of their child.
That, in terms of para 10(i)(b) of RTP guidelines dated 02.11.2022, once posted to an outstation office, an officer in Assistant Section Officer/Section Officer grade will have a tenure of 07 years i.e. the maximum proposed upto this level. As it is a matter of record that applicants, i.e Shri Ranjit Basumatary and Smt. Teresa Nungchim, have been posted in Central Water Commission, Meghalaya since the year 1994 (Approx-31 years) and have exhausted the maximum time limit specified for posting in an outstation office and their request for retention in the present cadre unit in the CWC, Shillong were found to be without any merit and hence not acceded to by the competent authority i.e. DoPT.
Sri A. Kundu, Learned counsel for the respondents contended that both the applicants are aware that the transfer posting is the part and parcel of Govt. employee and liable to serve anywhere in India. Their representations are also taken into the account before posting transfer orders are issued. They have been in the service of 31 years in the same place i.e. Shillong. The RTP are framed taking into consideration administrative issues and exigencies. The implementation of RTP covered implicitly and explicitly the administrative exigencies. The submission of the applicants that there is no administrative exigency in issuing the impugned order has no merit.
Sri M. Chanda Learned counsel for the applicant relies upon the order passed by this Tribunal in O.A 60/2024 (Gautam Bhaumik) wherein the applicant aggrieved of his transfer had approached this Tribunal and this Tribunal vide order dated 22.06.2026 granted some relief to the applicant directing the respondents to accommodate the applicant at the present place of his posting till the end of the academic session of his daughter who is going to appear Board examination in April 2027. In compliance to the order of the Tribunal, respondents have passed an order on 07.08.2026 granting deferment upto 30.04.2027 to join his new place of posting.
In view of the same, Sri M. Chanda, learned counsel for the applicant submits that the case of the present applicants are also the same as their son is about to appear Class XII Board Examination in April 2027 and till the end of their son’s academic session/ examination, they may be allowed to stay at the current place of posting. In this connection, learned he has placed reliance on the decision of the Hon’ble Apex Court in the case of Director of School Education, Madras & Ors. Vs. O. Karuppa Thevan & Anr., reported in 1994 Supp. (2) SCC 666:
“However, the learned counsel for the respondent, contended that in view of the fact that respondent's children are studying in school, the transfer should not have been effected during mid-academic term. Although there is no such rule, we are of the view that in effecting transfer, the fact that the children of an employee are studying should be given due weight, if the exigencies of the service are not urgent. The learned counsel appearing for the appellant was unable to point out that there was such urgency in the present case that the employee could not have been accommodated till the end of the current academic year. We, therefore, while setting aside the impugned order of the Tribunal, direct that the appellant should not effect the transfer till the end of the current academic year.”
Heard the learned counsel for the parties and perused the pleadings and materials on record.
It is the case of the applicants, who are husband and wife working under the same department, that they have been transferred from CWC Shillong to New Delhi vide impugned order dated 26.06.2025. Their grievance is that their transfer order have been issued without any administrative exigency that too in the middle of the academic session of the son who is in Class XI and so they have approached this Tribunal and this Tribunal vide order dated 08.07.2025 stayed the impugned transfer order 26.06.2025 till the next date and it has been continuing till today.
Sri M. Chanda, learned counsel for the applicants fairly submitted that they are ready to go to the transfer place i.e at New Delhi but prays for retention till the end of the academic session of his son, who is now in Class XII and is set to give his Class XII Board Examination in April 2027 in Meghalaya Board and, in this crucial period, they being transferred out would affect his studies. They are ready to give an Affidavit to join at the new place thereafter.
In view of the above, respondents are directed not to disturb the applicants till the end of the academic session of their son i.e till he completed his Class XII Board Examination in April 2027. Once the academic session ends, respondents are at liberty to issue appropriate order as per their own transfer guidelines.
With the above observations and directions, the O.A stands disposed of. No costs.