Srinagar, June 19 The Central Administrative Tribunal Srinagar quashed the transfer and posting of two employees for not implementing it for more than three years since the issuance of the order.
The bench of Ritu Tagore after hearing the matter said since the transfer and posting are ordinarily matters falling within the administrative domain of the employer and the scope of judicial review in such matters remains limited. However, the said principle does not confer unfettered discretion upon the employer but Administrative Action must satisfy the requirements of fairness, reasonableness and non-arbitrariness.
The CAT noticed that impugned order of transfer and posting of two applicant-employees was issued in July, 2019 and the same remained unimplemented by the authorities for the three years by not issuing relieving orders of these employees.
It added that this Tribunal in its initial order took note of the specific contention raised on behalf of the applicants that despite lapse of more than three years from issuance of the order they had continued at the same station and had already declined the promotion-cum-posting through representations submitted before the competent authority, so Interim protection came to be granted at that stage.
The bench said that the Tribunal is of the considered opinion that once the authorities themselves permitted the applicants to continue at their original place of posting for years together and did not take any decision on the unwillingness certificates submitted by them, it would be manifestly arbitrary and unreasonable to revive and implement the impugned order at this belated stage.
The CAT said that due to the prolonged non-implementation of the impugned order of transfer by the authorities the same has outlived its utility and cannot now be permitted to be acted upon.
Accordingly, the Original Application is allowed. Promotion-cum-Posting Order, in so far as it pertains to applicants is hereby quashed and set aside.
The bench directed the authorities concerned to consider the cases of the applicants afresh and consider and decide their representations by passing a reasoned and speaking order, taking into account all relevant factors including the medical and health related difficulties pleaded by them , their family circumstances within a period of eight weeks from the date a copy of this order is made available to the respondents.
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