Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law-Telecom Service |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law-Telecom Service-Transfer Orders-Junior Telecom Officers -Reorganisation or Telecom circles-Merger of Hyderabad Telecom District with A.P. Telecom Circle-Decision to rotate JTOs and Circle Cadre Officials-Orders of trans/er from Hyderabad Telecom District to Telangana District of Andhra Pradesh-Orders to be passed after considering individual options of employees in terms of Govt. of India instructions.On reorganisation of the Telecom Circles, the Hyderabad Telecom District was merged with the A.P. Telecom Circle and brought under the administrative control of the Chief General Manager, Telecom, A.P. The Chief General Manager decided to rotate Junior Telecom Officers and other Circle Cadre Officials and post substitutes in their place from other districts with a view to maintain service efficiently and to help the staff who served in difficult areas of Telangana so as to remove the frustration and to accommodate them at their places of choice. The respondents, working as Junior Engineers in the Telephone District, Hyderabad were transferred from Hyderabad Telecom District to the Telangana District of Andhra Pradesh Telecom Circle. The respondents challenged the transfers before the Central Administrative Tribunal. The Tribunal set aside the orders holding that having regard to the instructions dated 19.9.1986 issued at the time of reorganisation and on consideration of the transfer liability as per orders of appointment of the respondents they could only be transferred within the erstwhile Hyderabad Telephone District and, therefore, even after reorganisation they could not be transferred to other areas in Andhra Pradesh Circle without their consent so long as they worked in the category in which they had been recruited. This appeal had been filed challenging the judgment of the Tribunal.The appellants submitted that as per reorganisation scheme the seniority lists of all the circle cadre officials, including that of Junior Telecom Officers were merged together and a common gradation list of entire A.P. Circle including those of erstwhile Hyderabad Telecom District was issued by the Chief General Manager and the Common gradation list so prepared formed the basis for promotion and transfers, etc. It was submitted that since the respondents held a transferable post and, therefore, they could not be said to have any vested right to remain posted at one place or the order and they were liable to be transferred according to the administrative exigencies. The appellants stated that the Chief General Manager decided to rotate the JTOs every two years and post substitutes in their place from other districts with a view to maintain service efficiently and to help the staff who had served in difficult areas and, therefore, in view of those facts and. circumstances the Tribunal should not have interfered with the order of transfer which was made on administrative grounds.The respondent employees countered by submitting that all the respondents were working in Telecom District, Hyderabad since their recruitment to the service when the Telecom Department of Hyderabad was a separate and independent unit till the reorganisation of Telecom Circles. Some of them came on voluntary transfer to the Telecom District in which they had been recruited. It was, therefore, urged, that since they had suffered forfeiture of their seniority and having liability to serve only in Telecom District, Hyderabad, they were not liable to be transferred outside the said District even after reorganisation except under Special circumstances when they could be transferred to any part of India. |
Judge | Hon'ble Mr. Justice Faizanuddin |
Neutral Citation | 1995 INSC 91 |
Petitioner | Union Of India |
Respondent | D. Mohan And Ors. |
SCR | [1995] 1 S.C.R. 747 |
Judgement Date | 1995-02-01 |
Case Number | 1250 |
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