w w w . L a w y e r S e r v i c e s . i n



Ranjit Roy v/s Union of India, Represented by the Secretary to the Telecom Commission, Ministry of Communication, Department of Telecom, New Delhi & Others


Company & Directors' Information:- E N COMMUNICATION PRIVATE LIMITED [Active] CIN = U92132DL2005PTC143469

Company & Directors' Information:- T C COMMUNICATION PRIVATE LIMITED [Active] CIN = U74999DL2000PTC105354

Company & Directors' Information:- J J COMMUNICATION PRIVATE LIMITED [Active] CIN = U74300WB1997PTC085828

Company & Directors' Information:- B K ROY PVT LTD [Active] CIN = U51909WB1955PTC022135

Company & Directors' Information:- B K ROY PVT LTD [Active] CIN = U45100WB1955PTC022135

Company & Directors' Information:- DELHI TELECOM PRIVATE LIMITED [Active] CIN = U31300DL2000PTC108284

Company & Directors' Information:- J. K. TELECOM LIMITED [Active] CIN = U64201JK1987PLC000978

Company & Directors' Information:- P AND N TELECOM PRIVATE LIMITED [Strike Off] CIN = U64200DL1998PTC097592

Company & Directors' Information:- P. K. COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U92141DL1984PTC017748

Company & Directors' Information:- K. D. TELECOM PRIVATE LIMITED [Active] CIN = U32200GJ2007PTC051291

Company & Directors' Information:- H ROY PVT LTD [Strike Off] CIN = U33112WB1980PTC033128

Company & Directors' Information:- D. P. TELECOM PRIVATE LIMITED [Active] CIN = U64200UP2008PTC035035

Company & Directors' Information:- T I COMMUNICATION PRIVATE LIMITED [Active] CIN = U51109HP2009PTC031079

Company & Directors' Information:- B S TELECOM PRIVATE LIMITED [Active] CIN = U64201TZ2012PTC017798

Company & Directors' Information:- A C ROY & CO PVT LTD [Active] CIN = U51109WB1956PTC011739

Company & Directors' Information:- K & J TELECOM PRIVATE LIMITED [Active] CIN = U85110KA1989PTC009902

Company & Directors' Information:- T AND S TELECOM PRIVATE LIMITED [Strike Off] CIN = U64202DL2004PTC127144

Company & Directors' Information:- P R TELECOM PRIVATE LIMITED [Strike Off] CIN = U64202DL2003PTC122691

Company & Directors' Information:- S B M COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U64201WB2010PTC145582

Company & Directors' Information:- P N COMMUNICATION P. LTD. [Active] CIN = U32204DL2001PTC111327

Company & Directors' Information:- A B AND U COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U74300MH1997PTC107160

Company & Directors' Information:- A V TELECOM PRIVATE LIMITED [Active] CIN = U74999WB2012PTC182303

Company & Directors' Information:- J R D TELECOM PRIVATE LIMITED [Active] CIN = U74900TN2013PTC093158

Company & Directors' Information:- A TO Z TELECOM PRIVATE LIMITED [Active] CIN = U72900DL2000PTC104721

Company & Directors' Information:- J K R TELECOM INDIA PRIVATE LIMITED [Strike Off] CIN = U64204TG2010PTC068426

Company & Directors' Information:- R. P. INDIA TELECOM PRIVATE LIMITED [Active] CIN = U72900UP2017PTC089129

Company & Directors' Information:- L B TELECOM PRIVATE LIMITED [Active] CIN = U64200KA2020PTC137646

Company & Directors' Information:- K K ROY PVT LTD [Strike Off] CIN = U51396WB1961PTC024954

Company & Directors' Information:- K AND D COMMUNICATION LIMITED [Active] CIN = U64120GJ1997PLC031879

Company & Directors' Information:- M K ROY CO LTD [Strike Off] CIN = U10200WB1948PLC017236

Company & Directors' Information:- G C TELECOM (INDIA) PRIVATE LIMITED [Strike Off] CIN = U51505MH2004PTC144292

Company & Directors' Information:- A K ROY PVT LTD [Strike Off] CIN = U45202WB1948PTC017291

Company & Directors' Information:- P & G COMMUNICATION PRIVATE LIMITED [Active] CIN = U74140MH2013PTC251505

Company & Directors' Information:- TELECOM (INDIA) PVT LTD [Strike Off] CIN = U51395WB1984PTC037454

Company & Directors' Information:- P J COMMUNICATION PRIVATE LIMITED [Active] CIN = U72900DL2000PTC105416

Company & Directors' Information:- R K D TELECOM PRIVATE LIMITED [Active] CIN = U74999MH2014PTC252496

Company & Directors' Information:- J N ROY & CO PVT LTD [Active] CIN = U36911WB1949PTC017614

Company & Directors' Information:- M K COMMUNICATION PVT LTD [Strike Off] CIN = U72900HP2006PTC030292

Company & Directors' Information:- H V COMMUNICATION PRIVATE LIMITED [Active] CIN = U52602DL2009PTC193309

Company & Directors' Information:- S V S TELECOM PRIVATE LIMITED [Strike Off] CIN = U74140DL2009PTC194045

Company & Directors' Information:- D D TELECOM PRIVATE LIMITED [Active] CIN = U74140DL2015PTC282251

Company & Directors' Information:- G V TELECOM PRIVATE LIMITED [Active] CIN = U74999DL2012PTC234694

Company & Directors' Information:- A AND A COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U92132DL2001PTC110975

Company & Directors' Information:- B. M. COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U64100DL2012PTC244419

Company & Directors' Information:- H. K. COMMUNICATION PRIVATE LIMITED [Active] CIN = U64100DL2013PTC255831

Company & Directors' Information:- B R COMMUNICATION PRIVATE LIMITED [Active] CIN = U64203DL2002PTC114477

Company & Directors' Information:- S D N TELECOM PRIVATE LIMITED [Active] CIN = U64200AP2014PTC095500

Company & Directors' Information:- M R TELECOM PRIVATE LIMITED [Strike Off] CIN = U32304KA2009PTC050372

Company & Directors' Information:- N S N COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U64100KA2014PTC073757

Company & Directors' Information:- U R TELECOM PRIVATE LIMITED [Strike Off] CIN = U00360KA1996PTC019674

Company & Directors' Information:- H C ROY & CO PVT LTD [Strike Off] CIN = U51109WB1951PTC019818

Company & Directors' Information:- N A COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U74120DL2008PTC182901

Company & Directors' Information:- G & D COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U64200MP2007PTC019633

Company & Directors' Information:- A B ROY & CO PVT LTD [Strike Off] CIN = U60210WB1948PTC016734

Company & Directors' Information:- ROY AND CO PVT LTD [Strike Off] CIN = U31103WB1932PTC007445

Company & Directors' Information:- ROY & CO PVT LTD [Strike Off] CIN = U74900WB1957PTC007042

Company & Directors' Information:- C S ROY LTD [Strike Off] CIN = U51900WB1933PLC013082

    Original Application No. 70 of 2019

    Decided On, 13 November 2019

    At, Central Administrative Tribunal Guwahati Bench Guwahati

    By, THE HONOURABLE MR. JUSTICE L. NARASIMHA REDDY
    By, CHAIRMAN & THE HONOURABLE MR. NEKKHOMANG NEIHSIAL
    By, ADMINISTRATIVE MEMBER

    For the Applicant: M.C. Chandra, U. Dutta, Advocates. For the Respondents: R. Thadani, Advocate.



Judgment Text


Oral Order:

L. Narasimha Reddy, Chairman, (J).

1. The applicant is working in the Silchar Division of Bharat Sanchar Nigam Limited (BSNL) since 1993, in various capacities. As of now, he is Telecom Technician. Through an order dated 03.12.2018, he was transferred to SDE (Group), Haflong and through an order dated 20.12.2018, he was relieved. This O.A. is filed challenging the order of transfer as well as the release order.

2. The applicant contends that the BSNL framed a policy way back in the year 2007 and according to it, the employees of BSNL, working in the N.E. States, are exempted from being posted in N.C. Hills area, if they have crossed 55 years of age. He submits that by the time he received the order of transfer, he crossed the age of 55 years.

3. Another contention of the applicant is that there are several employees, who have a longer standing at Silchar than him, and less than 55 years of age, but they have not been chosen to transfer, and accordingly, the transfer order is patently illegal and arbitrary.

4. The respondents filed written statement and opposed the O.A. According to them, the applicant, has longer standing at Silchar, and was below 55 years of age, by the time the order of transfer was passed. It is stated that the policy was kept in view and several aspects relating to it, were meticulously verified before the order of transfer was passed.

5. We heard Mr. M.C. Chanda with Ms. U. Dutta, learned counsel for applicant and Mr. R. Thadani, learned counsel for BSNL. There is no representation on behalf of other respondents.

6. The applicant is working in the BSNL for the past more than two and half decades, in different capacities. It is not in dispute that he is working in Silchar Division since 1993. The BSNL framed a policy in the year 2007 and one of the items specifically dealt with, was the transfer to staff to N.C. Hills area. The two categories of employees are exempted from being posted from those places, i.e., (i) lady employees and (ii) the employees, who have crossed 55 years of age. The order of transfer in the case of the applicant was passed on 03.12.2018. His date of birth is 31.12.1963. His age is below 55 years, maybe by thin margin of one month, as on the date of transfer. The fact that it was approved at a later point of time or it was served to him consequently, does not make much difference.

7. The second contention raised by the applicant is that there are several employees with longer standing than him, at Silchar. The respondents dealt with this very contention in paragraph 9 of the written statement. They categorically stated that t a list of employees, depending upon their standing at Silchar, was prepared and while the applicant figured at Sl.No.70, the two other employees, by name, Nihar Kanta Deb and Apu Kumar Roy, mentioned by the applicant herein, figured at Sl. Nos. 75 and 158 respectively. Though the applicant filed rejoinder, he did not dispute this fact. Therefore, even from this point of view, the order transferring the applicant cannot be found fault with.

8. At the same time, we are of the view that the normal tenure of two years on transfer to Haflong must be restricted to one year, in the case of the applicant since he has crossed 55 years of age.

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r />9. We, therefore, dispose of the O.A.: a) upholding the order of transfer; but b) restricting the period of working of the applicant at Haflong to one year from the date of assumption of charge The applicant is granted fifteen days to report duty. The interim order is vacated. There shall be no order as to costs.
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