Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law-Office Memorandum No. 20014/283-E, W dated 14-12-1983, issued by Government of India-Choice posting after tenure posting in North Eastern region-Benefit of-Whether available to employees who belong to that region-Held, No-1983 memorandum applicable only to persons belonging to region other than North Eastern region. Service Law-Transfer on administrative grounds-Powers of court to interfere with.The Government of India with a view to attract and retain competent officers for services in the North Eastern region issued an Office Memorandum No. 20014/283-E, IV dated 14-12-1983 laying down that there will be a fixed tenure posting of three years at a place for officers with service of ten years or less and of two years at a time for officers with more than ten years of service and officers on completion of the fixed tenure of service, might be considered for posting to a station of their choice. The respondent No. 1 belonging to North Eastern region, was originally appointed as Wireless Operator in the department of Post & Telegraph in the year 1964 and posted in the State of Arunachal Pradesh and thereafter he had been working ever since in the North Eastern region of India. On the basis of the memo of the Government of India, he claimed posting at Agartala as the station of his choice contending that he had completed service of two years tenure period in the North Eastern region. However, he was transferred to Nagaland. The respondent challenged the order of transfer contending that he had completed tenure period and, therefore, on the basis of the Central Government memorandum had acquired the right of a choice posting and as his choice station was Agartala he should be posted there. The Central Administrative Tribunal accepting the case of the respondent directed the Govt. to transfer the respondent from Nagaland to Agartala. Hence this appeal.The appellant contended that by virtue of the Central Government memo dated 14~12-1983, the consideration for posting at a station of choice was provided only for those officers who came to North Eastern region to complete their tenure posting and the said choice was not available to those officers who were appointed and posted in the North Eastern region Itself and that even otherwise the posting at the station of choice was not mandatory condition.The question raised for consideration was whether the transfer of a civilian employee of the Central Government service in the States and Union Territories of North Eastern region, to a station of their choice, was a condition applicable even to those officers and employees who belonged to that region itself and were posted and appointed at any station within that region by virtue of the office memorandum dated 14-12-1983. |
Judge | Hon'ble Mr. Justice Faizanuddin |
Neutral Citation | 1995 INSC 50 |
Petitioner | Chief General Manager (telecom) N.e. Telecom Circle And Anr. |
Respondent | Sh. Rajendra Ch. Bhattacharjee And Ors. |
SCR | [1995] 1 S.C.R. 360 |
Judgement Date | 1995-01-18 |
Case Number | 834 |
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