NEW DELHI: The Central Administrative Tribunal has held that government employees on the verge of superannuation should not be disturbed merely because they have stayed for a considerably long period at a particular place.
The apex tribunal said that such a benefit should be extended to superannuating employees to retire peacefully at a particular place after years of dedicated service.
The apex tribunal said that such a benefit should be extended to superannuating employees to retire peacefully at a particular place after years of dedicated service.
"Merely because the applicants have a long stay and the transfer order could not be implemented so far would not by itself constitute sufficient reason.
"There is an objective based on considerations of welfare behind such provision in the transfer policy as it would enable a person about to retire after a long and devoted service to make arrangements for settling down thereafter with his family, acquire a house if not already done," member ND Dayal said.
The Tribunal passed the order on a petition filed by three administrative officers of Department of Health and Family Welfare challenging their transfer order from Delhi to Pune, Chennai and Hyderabad respectively with immediate effect.
The CAT, however, observed that transfer is the prerogative of administrative authorities and a government servant cannot claim to serve at the same station forever as a matter of right.
"It is well settled that transfer is an incidence of service and ordinarily the court would not interfere because no one can expect to continue at the same station forever..it is the prerogative of the administrative authorities to decide as to who is to be posted where," the Tribunal said.
The Department justified its decision to transfer the officers saying that it is completely in sync with the guidelines of the Central Vigilance Commission which provides that those posted on sensitive posts cannot be allowed to occupy it endlessly.
But the argument found no favour with the Tribunal which felt that officers on the verge of superannuation should be treated in a more humane manner, so as to avoid inconvenience to them.
Sources : PTI Sep 5, 2010,
"There is an objective based on considerations of welfare behind such provision in the transfer policy as it would enable a person about to retire after a long and devoted service to make arrangements for settling down thereafter with his family, acquire a house if not already done," member ND Dayal said.
The Tribunal passed the order on a petition filed by three administrative officers of Department of Health and Family Welfare challenging their transfer order from Delhi to Pune, Chennai and Hyderabad respectively with immediate effect.
The CAT, however, observed that transfer is the prerogative of administrative authorities and a government servant cannot claim to serve at the same station forever as a matter of right.
"It is well settled that transfer is an incidence of service and ordinarily the court would not interfere because no one can expect to continue at the same station forever..it is the prerogative of the administrative authorities to decide as to who is to be posted where," the Tribunal said.
The Department justified its decision to transfer the officers saying that it is completely in sync with the guidelines of the Central Vigilance Commission which provides that those posted on sensitive posts cannot be allowed to occupy it endlessly.
But the argument found no favour with the Tribunal which felt that officers on the verge of superannuation should be treated in a more humane manner, so as to avoid inconvenience to them.
Sources : PTI Sep 5, 2010,
