om:29-cl-2020-Mar — Applicant, a Defence Civilian Group 'C' employee working as Fireman was transferred to a far-off location which he prayed to cancel and post him in a nearby place due to family and other reasons. Tribunal ordered to consider his case sympathetically and transfer him to a nearby place of Guwahati
Original Rule Text
Applicant, a Defence Civilian Group 'C' employee working as Fireman was transferred to a far-off location which he prayed to cancel and post him in a nearby place due to family and other reasons. Tribunal ordered to consider his case sympathetically and transfer him to a nearby place of Guwahati — This chunk is a portion of a court judgment where a defense civilian employee, Rambir Singh, contested his transfer to a far-off location and sought to be posted nearer to his home town, Bharatpur, A... — Facts :Applicant is a Defence Civilian employee under Ministry of Defence, Government of India. He joined as Fireman on 29-4-2011 in the Officer Commanding, 41, Vehicle Company, Narangi, Guwahati, R-4 herein. After death of his father, Applicant took all responsibilities of his family members which includes his old mother. Further, his family details of his old mother, minor daughters are stated by the Applicant.
Due to his family problems and for other personal reasons, he requested for his posting nearer to his home station namely, Bharatpur, Agra or Delhi. But the Officer Commanding, R-4 herein without taking his difficulties into account rejected his request.
Headquarters of Ministry of Defence (Army), New Delhi had already issued a Memorandum, dated 21-10-2014 to post Defence Civilian Employees in the place of their choice on compassionate ground. But the case of the Applicant posting him in the place of his choice is not accepted. Hence he prays for interference of this Tribunal.
Respondents filed the reply for the transfer order issued.
Tribunal heard both sides. Tribunal had gone through the OM, dated 21-10-2014 issued by Ministry of Defence (Army). Para. 2 of the above memo is reproduced. That para. stipulates posting of Defence Civilian Employees in their place of their choice.
Perusal of records of the employee shows that his request for posting at any unit nearby his home town namely, Bharatpur, Agra or Delhi had been rejected by Respondent No. 4. In view of the above position, it was held: