Inter-Commissionerate Transfers - CAT's Order and implications

Pune, the 23rd May, 2011

Dear friends in service,

The seniority protection granted by the Board to the officers proceeding on Inter-Commissionerate Transfer on spouse/ compassionate/ physical handicapped grounds was under challenge in the Hon'ble Central Administrative Tribunal, Ernakulam Bench for quite a long time. 

Finally, the OA's challenging the seniority protection alongwith a batch of other related O.A's has been decided by the Hon'ble Tribunal, much against the decision of the Board.
Judgement of the Tribunal 

 

All along, this Association has been requesting the Board to re-consider the issue relating to grant of seniority protection to the ICT transferees, as the said transfers are granted on Compassionate grounds and protecting seniority would open a Pandora's box and unsettle the settled seniority in various zones across the country.  However, nothing positive has come out from the Board owing to a stalemate situation prevailing with regard to the disputed Executive Instructions issued from time to time.

Moreover, it is once again highlighted that had the Board observed the lacunae in the Recruitment Rules of Superintendent as regards the absence of "Senior Junior" clause, the seniority disputes in the Central Excise Delhi Commissionerates would never have cropped up and there would have been no reason for the Board to ban Inter-Commissionerate Transfers which was unconsciously done during 19th of February, 2004 inorder to please the then Administrators serving in the Central Excise, Delhi Commissionerates.

Vide this message, it is once again requested that those officers serving the Department in the various Group 'B' and 'C' cadres need to come together, identify the lop-sided decision of the Board in imposing ban on Inter-Commissionerate Transfers, which system has been successfully working for decades and has withstood the test of judicial scrutiny and to take up the issue relating to lifting of Ban on ICT through their respective Associations, thereby ensuring that the officers requiring to proceed on ICT from one zone to another are not stranded in alien places and subjected to the mercy of individuals trying to take undue benefit of such situations.

Hope this Associations long pending request for lifting of Ban on Inter-Commissionerate Transfers is giving due cognizance by the Board and it is also expected from the concerned Office Bearers of Inspector Association that at a time when the Recruitment Rules are getting framed in DG, HRD and views are being called for, the Note of "Senior-Junior" clause may be got incorporated in the Recruitment Rule of Superintendent, thereby bringing the said RR in consonance with the requirements of DOP&T and thus avoiding litigations on ICT.

Awaiting valuable feedback from interested members/readers, I remain,

Yours Sincerely,

Thomas Mony.
Secretary General