Vide
our letter AICEIA/GS/29/2016 dated
18.3.2016, we had taken up with the Chief Commissioner the anomalies regarding
forwarding of Inter Zonal Transfer application requests in the Kochi Zone. Our concerns on the norms followed and
scuttling of seniority was raised with the Chief Commissioner. However no decision was taken by the
authorities to rectify the anomalies pointed out by the Association. Aggrieved by the decision, a few of the
members approached the Hon’ble CAT, Ernakulam Bench against the decision which
was viewed by us as arbitrary. Now the
Hon’ble CAT has passed the judgement against the decision made with candid
remarks. The extract of relevant portion
of the judgement is as reproduced below:
“18. The respondents on the other hand have taken
refuge in the argument that the right to transfer an employee is a right
bestowed upon the office. While none has
refuted this, this right has to be
exercised in a transparent/objective manner without any discrimination assigned.
This
cardinal principle does not appear to have been adhered to in this case.
Argument of large number of vacancies standing in the way of recommending
personnel does not hold out in view of fourteen relatively junior people having
been favoured with NOC. Viewed from this
perspective, we have no hesitation in
stating that respondent no. 3 has not acted in a fair and equitable manner in
this case. An opaque system of selection
in such cases is a sure recipe for disaffection in any organisation. We would direct that a system urgently be put
in place to deal with ICT requests. It
has been pointed out that a large number of requests are pending. The respondent nos 3 & 4 should
immediately put together a set of guidelines clearly delineating eligibility
norms, giving due weightage to various components such as seniority.
Henceforth, this should act as a guide in deciding whose cases may be
recommended and whose cannot be. Future orders on NOC requests will be
strictly on the basis of such norms. The
Tribunal on its first hearing dated 08.04.2016 had stayed further action on the
list of fourteen persons whose transfer has been recommended by Respondent No 3
to Respondent No 4.
It is
ordered that their case will also be considered only in line with the proposed system
to be put into operation. Although this is not one of the prayers made in the
OA, it is necessary to order the above in the interest of equitable treatment.”
The Association had all along held that
approaching judicial forum would only delay the process. However the officers were forced to approach
CAT as the decision was arbitrary and hampering the general interest of the
cadre. Now even physically challenged
candidates and candidates with medical issues are affected by the stay made by
the CAT.
Further the transfer of all the
14 applicants, whose application has been favourably considered by the
authorities has been stayed and those applications are to be considered only on
the basis of the guidelines to be farmed. This situation would not have occurred had a
just decision been taken by the authorities. The Association was questioned on the stand
taken by certain non-members on this issue. The judgement of the CAT shows that
the Association had taken the appropriate stand all along. We believe this CAT judgement would help in
bringing out transparent policy for IZT, which was consistently demanded by us.
In the past certain members had written to the Chief Commissioner
against the stand taken by the Association, which had given them enough reasons
to delay and take such arbitrary decisions. Now we request the members not to fall into
the devious plans of certain non-members and create further confusion on this
issue. We assure all the members that we
would be taking up the issue with the authorities.
