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| Transfer power not absolute when employee nears retirement: CAT | | | Early Times Report
JAMMU, July 30: The Central Administrative Tribunal (CAT), Srinagar Bench, has held that although the Government possesses wide powers to transfer or deploy its employees, such authority cannot be exercised mechanically when an employee is nearing retirement. Judicial Member M.S. Latif made the observation while directing the competent authority to reconsider the deployment of 59-year-old Geology and Mining Department employee Abdul Wahid Bazaz from Ganderbal to Shopian. The Tribunal ordered that Bazaz's present posting at Ganderbal shall not be disturbed until his representation against the deployment is considered and decided on merits. Bazaz, a resident of Nowshera, Srinagar, challenged the order directing him to report to the District Mineral Officer, Shopian, for further duties with immediate effect. He pleaded that he was due to retire in March 2027 and had only nine to ten months of service remaining. Appearing for the applicant, Advocate Owais Shafi submitted that the deployment had been ordered without disclosing any compelling administrative necessity or overriding public interest. He argued that shifting the employee at the fag end of his service would create difficulties in completing pension formalities and making post-retirement arrangements. The Tribunal clarified that the impugned direction was an order of deployment rather than a formal transfer order. It acknowledged that the competent authority is empowered to transfer an employee or assign duties in administrative and public interest. It further reiterated that a Government employee does not possess a vested right to serve indefinitely at a posting of his choice and courts ordinarily exercise limited interference in such matters. However, the CAT said transfer power was not absolute and must be exercised fairly, particularly when peculiar circumstances such as impending retirement are involved. "There is no blanket prohibition" against transferring or posting an employee close to retirement, the Tribunal observed. It, however, added that statutory guidelines and judicial precedents heavily discourage disturbing such an employee unless compelling circumstances exist. Examining the deployment order, the Tribunal found that, prima facie, it did not disclose any compelling reason for directing the applicant to report at Shopian.
The CAT observed that an employee approaching superannuation requires sufficient time to complete pension papers and other retirement formalities and to plan for life after service.
It noted that the applicant had already submitted a detailed representation before the competent authority, highlighting his approaching retirement, personal circumstances and difficulties in joining at the new place of posting.
The Tribunal said the competent authority was the "first responder" in such service matters and was not powerless to reconsider the deployment. It could consider posting the applicant nearer his hometown, including at Srinagar, to facilitate the completion of his pension-related formalities. Accordingly, the CAT directed the authority to decide Bazaz's representation on merits while considering the applicable law, judicial precedents and the fact that he is due to retire within nine to ten months. Until a reasoned decision is taken, the Tribunal ordered that the applicant shall continue at his present place of posting in Ganderbal.
Deputy Advocate General Syed Musaib appeared for the Union Territory administration.
(JNF) |
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