ANIL KUMAR KHARWAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THE present Original Application is preferred by the applicant under Section 19 of the AT Act, 1985 with the following reliefs: -

(2.) THE learned Counsel appearing on behalf of the respondents filed their stay vacation application as well as the reply to the O.A. and it was emphasized by the respondents that as per Para. 43 of the said guidelines that the maximum tenure for Steno, D'Man and Clerical Cadre (OS, Asstt., UDC, LDC) shall not be more than three years in a unit including all categories of Group 'C' non -sensitive. It is also pointed out by the respondents that the applicant was transferred after taking into consideration Para. 43 of the aforesaid guidelines as the applicant is a Group 'C' employee therefore, there is no illegality in passing the impugned order. The said point was raised by the respondents in their reply in Paras. 9 and 15 to the counter reply. Apart from this, the learned Counsel for the respondents has also relied upon a decision of the Tribunal passed in O.A. 362 of 2012 in which, the Tribunal observed that after passing of the transfer order, the applicant should first join at the place of posting and thereafter, the applicant may make a representation before the authorities concerned and it is provided that if said representation is made, the same shall be decided expeditiously in accordance with law by means of a speaking and reasoned order. It is pointed out by the learned Counsel for the respondents that transfer is an incident of service and the applicant has been transferred as he was working in office of GE(E) Lucknow since March, 2006.

(3.) THE applicant was initially appointed as Civil Motor Driver in 2005 and was working in the respondents organization was put to transfer in terms of the policy framed by the respondents known as Guidelines Management of Group 'C' and 'D' of MES. The Para. 39 and 40 of the said policy, reads as under: -