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Judgment
S. Sujatha, Member (J)
Learned counsel Shri N. Amaresh is directed to accept notice on behalf of the respondents.
This application is filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:
“i) Set aside the order bearing No. BSNLCO-PETS/12(11)/1/2025-PERS1/1 Vide Annexure-A1 dated 02.05.2025 issued by the Respondent No. 2 and 3, and
ii) Set aside the order bearing No. KTKCO-COMN/11(23)/2/2023-FINANCE/136 dated @ BG-08, the 27.05.2025 vide Annexure-A6 issued by the Respondent No. 5, and
iii) Direct the respondents to consider the representation dated 05.05.2025 vide Annexure-A2 of the applicant, in the interest of justice and equity;
iv) Issue such other direction as deems fit in the circumstance of the case and award the cost.”
Briefly stated the facts as narrated by the applicant are that he was appointed as Telecom Operating Assistant (General) (TOA (G)) on 20.12.1989 at Belgaum, promoted as Junior Accounts Officer (JAO) and joined at Gulbarga on 27.05.2000, promoted as regular Accounts Officer (AO) on 01.08.2005 at Bidar and got first Time Bound Promotion on 31.01.2020 with effect from 01.10.2004 at Bidar. The applicant was transferred to Ahmedabad in the year 2010 and subsequently was transferred to Maharashtra in the year 2011 and to Karnataka Circle in the year 2013. He was promoted as regular Chief Accounts Officer (CAO) with effect from 30.10.2014 on 07.07.2021 and joined as regular CAO since 01.08.2021 at Gulbarga. That being the position, the applicant is now aggrieved by the transfer order dated 02.05.2025 whereby the applicant has been transferred from Karnataka Circle to Gujarat Circle. Hence, this OA.
Learned counsel Shri Chandan S. Malapur representing the applicant submitted that as per the impugned transfer order dated 02.05.2025 (Annexure-A1), annual transfer and posting of officers in various cadres of Telecom/Finance/Civil/Electrical/ Architecture/Telecom Factory stream is due to reasons such as promotion, own request, long stay etc., but the applicant is not falling under any of these categories. The objective of the transfer has been defeated in the case of the applicant which, indeed, was due to specific reasons such as promotion/own request/long stay. The applicant's station tenure and circle tenure not being completed as provided under the transfer guidelines, the impugned transfer is premature and is in violation of the transfer guidelines. The applicant is left with approximately around 5 years for his retirement. Transfer of the applicant at this juncture at a distant place i.e., to Gujarat state is not only against the transfer guidelines but disturbs the applicant’s family dependent on him. The applicant made a representation seeking for his continuation at the present place (Gulbarga Business Area) and requested to drop the impugned transfer, but the same has not been responded. Accordingly, seeks for the interference of this Tribunal.
Learned counsel for the respondents, on instructions from the respondents, submits that the applicant is not yet relieved (as on date) from Gulbarga BA. The said submission is placed on record.
In the circumstances, it was incumbent on the respondents to consider the representation dated 05.05.2025 (Annexure-A2) submitted by the applicant and to take an appropriate decision in accordance with law. Such an action not being taken by the respondents, without going into the merits or demerits of the case, we direct the Respondent No. 4 to consider the representation of the applicant dated 05.05.2025 (Annexure-A2) submitted through proper channel, further forwarded as per the communication dated 09.05.2025 (Annexure-A3) by the Assistant General Manger (Admin) and take an appropriate decision in accordance with law in an expedite manner in any event not later than four weeks from the date of receipt of certified copy of the order. Till then, the impugned transfer order dated 02.05.2025 (Annexure-A1) issued by the Respondent No. 2 and 3 and the impugned order dated 27.05.2025 issued by the Respondent No. 5 (Annexure-A6) shall not be given effect to, as far as the applicant is concerned.
With the aforesaid observations and directions, OA stands disposed of.
No order as to costs.