B K KATKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THESE eleven Original Applications moved under Section 19 of Administrative Tribunals Act, 1985 have been filed by junior Telecom Officers posted at different divisions of Maharashtra Circle of Bharat Sanchar Nigam Limited (in Short, BSNL) who have been transferred by a common transfer order. The transfer of each of the applicant is from their respective Telecom Division to Goa Telecom Division. The transfer order has been communicated to applicants by Assistant General Manager (SI) at the office of Chief General Manager, Telecom, Maharastra Circle, Mumbai by letter dated 26.11.2000 on a letter head of BSNL wherein it is stated that as per approval of Chief General Manager Maharashtra Circle, Mumbai the said transfers and postings are ordered. As each applicant has challenged the order of transfer by filing separate O.A. In these O.As., beside taking common grounds, they have raised pleas on merit applicable to individual cases.

(2.) The facts giving rise to these O.As. are that the applicants are junior Telecom Officer (for short J.T.O.) GCS Grade B cadre belonging to Maharashtra Circle of BSNL. The cadre of J.T.Os. is circle cadre. A circle is divided into Divisions and applicants are posted in different Divisions of Maharashtra Circle. Though eleven J.T.Os. have approached this Tribunal challenging the impugned order, 20 J.T.Os. Belonging to differentdivisions have been transferred from their respective Divisions to Goa Division. The initial transfer order was of 21 persons of different divisions but as transfer order of one officer has been cancelled for which the reason pointed out during argument is that he was wrongly shown as he was S.D.E. as his appointing authority is higher in rank than person who passed order. As all the applicants are dissatisfied by that transfer, they have filed these O.As.

(3.) THE case of each applicant could be examined separately on merit but are being decided together as pleas raised by applicants in all cases are more or less common and same. Arguments advanced by learned Counsel for applicants is either applicant could not be transferred due to pendency of disciplinary proceedings or he could not be transferred during pendency of criminal cases. As arguments are common, all the cases can be disposed of by common order.