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CENTRAL ADMINISTRATIVE TRIBUNAL CALCUTFA BENCH (CIRCUIT at PORT BLAIR) No CENTRAL ADMINISTRATIVE TRIBUNAL CALCUTFA BENCH (CIRCUIT AT PORT BLAIR) No. MA351/loo2/201.7 0A351/12/2o16 Date of order: JI-'*-CI,.M- g Present: Hon'ble Mr.S.ICPattnaik, Judiciai Member Hon'ble Dr. Nandjta Chatterjee, Administratjjre Member • SHYAMAL MAZUMDAR S/o Late kalimohan Mazumdar R/o Minnie Bay, Port Blair, Present Place of posting as Vice Principal/HM(s) under the Director of Education, A&N Admn., Port Blair being posted at Govt. Sec. School South Andaman, Port Blair. .APPLICANT VERSUS I. Union of India, through The Secretary, Govt. of India, Ministry of Human Resources Dçvelopment, Shastri Bhawan, New Delhi- 110001. 2, The Chief Secretary, A&N Administration, Port Blair. I The Principal Secretary (Education), Secretariat, A&N Administration, Port Blair. The Secretary cum Director (Education) A&N Administration, Port Blair. Deputy Director of Education (Education) Directorate of Education, VIP Road, Port Blair - 744103. Shri Varghese Chacko Vice Principal, Govt, Sr. Sec. School,. Subash Gram, North Andaman. .RESPONDENTS. I " . , 2 For the applicant Ms.S.Oanguly, counsel / For the respondents: Mr.S.C.Misra, counsel /1 . ORDER Per Dr. Nandita Chatterjee, Administrative Member Aggrieved by the order of transfer vide office order No. 931 dated 1.4.2016, the applicant has sought the following relief in particular in the instant application: An order be passed setting aside the impugned transfer of the applicant from Govt. Secondary School South Point, Port Blair (Zone VI) to Govt. Senior Secondary School, Subash Gram (North Andaman) (Zone III where he already served for more than 18 years combinely with Zone IV) vide Order No. 931 dated 1.4.2016 (Annexure B collectively to the original application) being contrary to the existing transfer policy of the Administration (Annexure B collectively to the original application and station seniority list (Annexure C collectively). An order be passed directing the respondent authorities to transmit the case record before the Hon'ble Tribunal, so that, after perusing the same conscionable, justice may be rendered to the applicant directing the respondent authorities especially the respondent No, 4 & 5 to allow the applicant to continue in his present place of posting. An order be passed restraining the respondents to relieve the applicant from his present place of posting, in any manner whatsoever, as the impugned transfer order issued violating transfer policy to accommodate private respondent within one year nine months of applicants' earlier transfer before completion of his tenure. Cost and incidentals of this application may be awarded to the applicant. $ Any other order/orders further order/orders as the Hon'ble Tribunal may deem fit and proper. Heard ld. Counsel, examined the pleadings and documents on record. IA. Counsel for the applicant also furnished written notes of arguments. Despite notice, Private Respondent No.6 did not enter appearance and 'hence the matter was proceeded with ex parte. The case of the applicant, as canvassed by his ld. Counsel, is that the applicant was initially appointed as POT (Pol. Science) and posted at GSSS, Kadamtaia (Zone IV) and that he had served Zone III and IV for more than 18years. $ 3 That, he was promoted to the post of Vice Principal/HM Wlile serving in Sr. Secondary School, Port Mout (Zone V) and within a month / 1 was transferred to Secondary School, Subash Gram, biglipur (Zone Ill). After 1 1/2 years, the applicant was transferred to Secondary School, Bengali, Teressa, Nicobar District and thereafter to South Point '(Zone I) for the first time in his service career. Within 1 year 9 mont1s of his transfer to Zone VI, however, he was again transferred to Scond4ry School, Subash Gram, Diglipur ignoring the fact that he had already completed combined tenure with respect of Zones III & IV and he is yefto complete the year marked tenure of 5 years in Zone VI. That, the applicant had filed the instant applicatibn upon which on 6.4.2016, the Tribunal directed the respondent No.4 to decide on the representation of the applicant within a period of 48 h4urs from the date of service of the order and accordingly an order was passed by the respondent authorities on 7.4.2016 in which his claiM for retention. at present place of posting in Zone VI was rejected. kn interim order, however, was issued on 11.4.2016 vide which the order of transfer so impugned was directed to be kept in abeyance. The matter, being listed for further hearing, was heard in extenso. The applicant has challenged the transfer order dated '1.4.2016 (Annexure B to the OA) on the following grounds: that the transfer order so impugned is actu4ted with malafide and made arbitrarily on extraneous consideration in complete violation of existing transfer policy circulated: by the Director of Education vide notification dated 11.7.20 14; the applicant has rendered 18 years of service in Zones III §& IV and although transferred to Port Blair (ZoneVI) in July 2014, has not been allowed to complete the tenure of 5 years of continuous service as required by the transfer; policy. / 7. I. 4 9' 4. On the contrary, the respondents have argued that the applicant's service history is as follows : Sl.No. Place of posting From To Remarls 1. Govt. SSS Kadamtaia 1.10. 1988 23.8. 1994 Zone IV 2, Govt. SSS Baicultaia 24.8.1994 5.8.2091 Zone. IV Govt. SSS Neil Island 6.8.2001 10.8.2006 Zone;IV Govt. SSS Port Mout 11.8.2006 29.12:2010 Zone' V: Govt. SSS Subash Gram 30.12.2010 28.6.2012 Zone III Govt. 555 Bengali, 29.6.20 12 21.7.2014 Zone I Teressa __________ Govt. 555 South Point, 2.7.2014 Till date Zone VI Port Blair _______ That, as the applicant had already enjoyed his posting inZonë V for 4.5 years and at Zone VI for 1.9 years, the transfer coMthitee considering his station seniority at Zone V and Zone VI., had proposed. for his transfer from Zone VI to Zone III. Moreover, the Vice Principals/HM (55) in the seniority lis e*qhpt those who are exempted as per Transfer Guidelines and for essenialtyof service, have been transferred outside from Zone V & VI to accommddte the Vice Principals/MM (55) who have completed tF}eir tenurel in the outer area in Zone I/Il/Ill & IV and to accammodató those who dame under the periphery of norms of Transfer Guidelines. That, the transfer committee has observed that the applIcant has not completed the prescribed minimum tenure of 4 years in Zone III,as per transfer guidelines. The minimum tenure in Zone III & IV is i0 years with a minimum tenure of 4 years each in Zone III & Zone IV sejarëly as per the transfer guidelines. N ' 5. The issue before us in order to adjudicate . in the insant application is whether judicial review is invoked in the contexf of the transfer of the nnnlicant. 5 S 6. An order of transfer is subject to judicial review as any bfher administrative action. The grounds of review, however, may not b, :as expansive as in the case of other administrative order& 1 In Bank of India Staff Union -vs- Bank of India [(1996) H. LW 1222 (Cal)], the principle laid down by the Hon'ble Apex Court in•respëct of judicial review of transfer was summarized analytically conblüding thereby that unless the order of transfer is vitiated by malafide or made in violation of any statutory provisions, the Court cannot interfdre with it. (Union of India -vs. S.LAbbas [(1993) 4 SCC 357]); It was further held in N.K.Slngh -vs- Union cf India [(1995) 1 LW 854] that only if the decision is vitiated by malafide or infrabtion of any professed norm or principle governing the transfer that aione can be scrutinized judicially. To examine the original application in the baèkground of such II ratio, the material document for this purpose would be the transfer policy as notified by the respondent authorities on 11.7.2014. The guidelines thereof are extracted below for purpose of adjudicatidn: "GUIDELINES ARE :- • All the Schools located in UT of A&N Islands are :divided into Zoes asunder: (1) Zone - I: Schools located in Great Nicobar, Little Nicobar, Ndncowry, Katchal including Rut Land, Banboonallah (Rut Land). (a) Zone - 1(A) : Schools located in Afra Bay, Mdcachua Pulolo, Pulopanja, East Bay Katchal, Dering, •kizitdsuk, Dugong Creek, Strait Island, Macarthy Valley, Foster Valley, Cut be rt Bay, Lou kinallah-III, Lou kinailah-IV, 4-kzratikri, Badadabla, Paloon Chuglurngum, Goojinallah, Budhanallqh, Birsanagar, Sippitikri, Hanspuni, Boraing, Niscjiint&pur, Jaganathdera, Narayan Tikni, Burmachad, Bandhanallah, Krishnanagar-I, Krishnanagar-II, Gopalnagar-H, Huntherchcid, Sagardeep, Ganesh Nagar-I, Ganesh Na'ar-II, Shdntinagar, Gandhinagar-II, Paschirn Sagar-lI, Chipoh., Garjantikri. H Zone - II: Schools located in Car Nicobar including vehg liqrd areas of South Andaman viz. Shoal Bay-19, LitUe Andaman and Long Island. Zone-Ill: Schools located in North Andaman. Zone - IV : Schools located in area from Baratang to Mayabunder including Neil & Havelock, Zone - V: Schools located in South Andaman and M(irnbely Guru. 69 Zone - VI: Schools located in Municipal Areq:àf sqrt lair. / 6 .4 . (ii) Normally, all Teaching and Non-Teaching Staff duringth4r s&1ce career are required to render minimum service in dacb:zo4 ds given below: " Zone - I 02 years " Zone-1(A) 01 year Zone - II 02 years/03 years as the caàemd!.:bd :1 Zone -IJJ&IV 10 years Zone - V&VI 15years 4. (iii)Norrnally the minimum continuous tenure in each of the aforçsic4 Zones shall be as follows: I Zone - I 02 years :.
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