2014 (7) TMI 938 - HC - Indian Laws

Transfer of employees - Vacation of the interim order - Customs Department to Central Excise & Service Tax, and vice versa. - held that - most of the employees whose names figured in the transfer list dated 21.02.2014 are not covered by the guidelines of transfer orders challenged before the Central Administrative Tribunal as they are locally transferred in Shillong from one formation to another for e.g. from Customs Department to Central Excise & Service Tax, and vice versa. Out of 28 employees, names figured in the transfer list, only 6 persons are transferred from one place to another - transfer order of the employees who are locally transferred from one formation to another formation of the Department of Customs, Central Excise and Service Tax Department, is not interfered with - However, in respect of 6 employees who are transferred to Dibrugarh and Guwahati, they shall not be relieved till the next date of listing of the writ petition, provided they are not already relieved - Decided partly in favour of applicants.

Summary

Issues:
Vacation of interim order passed by the High Court staying the operation of the impugned award of the Central Administrative Tribunal regarding transfer orders challenged by the employees of the Customs and Central Excise & Service Tax Department.

Analysis:
The applicants, who are employees of the Customs and Central Excise & Service Tax Department, challenged their transfer orders before the Central Administrative Tribunal (C.A.T.), Guwahati. The Tribunal, without hearing the department's version, directed the department to review the transfer orders in light of the transfer guidelines issued in 2006. The applicants sought vacation of the interim order passed by the High Court staying the operation of the Tribunal's award, claiming that the department was implementing the challenged transfer orders.

The respondents argued that most employees in the transfer list were locally transferred within Shillong, moving between different formations of the same department. They contended that only 6 out of 28 employees were transferred between different locations. After considering the arguments from both sides, the High Court disposed of the stay vacation application. The Court observed that locally transferred employees within the Customs, Central Excise, and Service Tax Department would not be affected by the order. However, it specified that the 6 employees transferred to Dibrugarh and Guwahati should not be relieved until the next listing date of the writ petition, provided they had not already been relieved.

In conclusion, the High Court's decision in Misc. Case No. 66 of 2014 disposed of the stay vacation application, allowing locally transferred employees to continue without interference while preventing the relief of the 6 employees transferred to Dibrugarh and Guwahati until the next listing date of the writ petition, if not already relieved.