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



V. Salasudhan v/s The Principal General Manager, Telecom, BSNL, Ernakulam & Another


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

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

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

    Original Application No. 180/00541 of 2015

    Decided On, 04 November 2015

    At, Central Administrative Tribunal Ernakulam Bench

    By, THE HONOURABLE MR. U. SARATHCHANDRAN
    By, JUDICIAL MEMBER

    For the Applicant: R. Sreeraj, Advocate. For the Respondents: T.C. Krishna, Advocate.



Judgment Text

U. Sarathchandran, Judicial Member.

1. Applicant is an employee of BSNL presently working as Senior Section Supervisor (OP), CRC Section, Ernakulam. He is aggrieved by Annexure A/1 order transferring him to Peerumedu CSC. According to him, he is a heart patient and as per transfer policy published on 7.10.2008, non-executive employees/their spouses suffering from Cancer, acute renal problems, heart ailments having Mentally Retarded children are exempted from transfer policy.

2. Respondents contend that applicant has been transferred to Peerumedu in accordance with the high range transfer policy of BSNL Ernakulam SSA. High range transfer policy is implemented for the purpose of bringing back those officials who are transferred to the High ranges during the previous year. High Range Transfer policy was implemented in 2009 and the junior most officials in the cadre were selected for transfer. As applicant was senior, his transfer came only in 2011. Since then he was being exempted on medical grounds up to 2014 (4 times). Applicant is not the only person having heart ailment amongst those under orders of transfer to the High Ranges. Among those three persons who have been ordered/transferred under High Range transfer policy there was an official who had undergone angioplasty in 2013. Applicant had undergone angioplasty in 2009. As per the medical certificate dt 02.05.2014 produced by the applicant, doctor has advised him to avoid only long journey and strenuous work. Applicant was posted to Customer Service Centre, Peerumedu, which is purely an indoor duty and no strenuous work is involved. Though applicant has produced a medical certificate dated 25.06.15 nothing was specially mentioned other than what is stated in his previous certificate.

3. A rejoinder was filed by the applicant pointing out that respondents are giving exemptions to persons who are favoured by them. He has cited one G.Mahesh who has been granted exemption in high range transfer policy.

4. An additional reply statement was filed by respondents stating that applicant's request was considered by the medical committee in its meeting held on 23.6.15. As no medical certificate was produced before the medical committee, the medical committee concluded that his heart ailment is now under control and hence did not recommend the case of the applicant for exemption from transfer. Respondents further state that after his angioplasty treatment he had undertaken an all India travel under the LTC. Regarding the contentions of the applicant about Mr. Mahesh, respondents state that the latter is exempted under BSNL Sports Rule as he has participated in All India Tournaments including All India Basket Ball held in January 2014 and December 2014 respectively and he was retained at Ernakulam for the purpose of practicing the game.

5. An additional rejoinder was filed by the applicant stating that he availed of LTC in 2010 for the travel from Trivandrum to Kanyakumari along with his family. He states that at Peerumedu there is no facility for medical review as in Ernakulam wherein he was under treatment of Dr. Saji Kuruttukulam, a renowned doctor in the Medical Trust hospital. He further states that Mahesh is a daily commuter between Moovatupuzha and Ernakulam and there is no special reason for giving exemption to him whereas he can avail of the daily practice of Basket Ball even at Peerumedu.

6. Heard both sides. Mr R.Sreeraj, learned counsel for the applicant and Mr.T.C.Krishna, learned counsel for the respondents argued the case. Mr.T.C.Krishna referred to National Hydroelectric Power Corporation Ltd. v. Shri Bhagwan and Another AIR 2001 SC 3309, Sreekumar S. v. Union of India & Ors, a decision of the Kerala High Court reported in 2014 (4) KHC 621 and again the Supreme Court decision in State Bank of India v. Anjan Sanyal AIR 2001 SC 1748.

7. Applicant is seeking exemption from transfer on the ground of being a heart patient. As contended by the respondents, he had undergone angioplasty long back in 2009. The latest medical certificate produced i.e. Annexure A/4 shows that he is a 'known case of Ischemic heart disease. Old Anterior Wall Myocardial Infraction 2009 and Double Vessel Disease and had under angioplasty and stenting.' The Medical certificate further states that he is on regular cardiac medications and follow up and is advised to avoid strenuous activities and long journeys. Annexure A/5 medical certificate dt 25.06.15 also is similarly worded. Thus it appears that his heart condition has become stable and that there is nothing to indicate exacerbation of his decease. Respondents contend that applicant has been transferred as part of the high range transfer policy to bring back persons who have been posted there last year. According to them, high range transfer policy was introduced since a large number of employees are found to be unwilling to work in the Ernakulam SSA. Respondents state that earlier the applicant was exempted 4 times on account of heart ailments. As indicated in Annexure A/1 transfer, applicant was posted to Customer Service Centre Peerumedu which is purely an indoor job involving no strenuous work. Respondents further state that the impugned transfer has been ordered in the interest of service.

8. Applicant states that respondents are treating Mahesh, who is junior to the applicant, as a blue eyed baby by retaining at Ernakulam itself on the pretext that he has taken part in all India tournaments. This Tribunal is not inclined to enter into that controversy in the absence of Sri.Mahesh as a party in these proceedings. Nevertheless, taking stock of the facts and circumstance of this case, this Tribunal is of the view that the transfer has been made in the exigencies of service. It is settled position that transfer guidelines do not confer any enforceable right to the employees. It is also settled in the service jurisprudence that transfer is an incidence of service. In the instant case, during the previous 4 years applicant was exempted from being transferred to distant places. Respondents undertake that the applicant will be posted only in a sedentary job at Peerumedu in the customer care centre. As the work at Peerumedu is an indoor job, it appears, in the present state of his health, the impugned trans

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fer will not cause any serious impact on the applicant’s health condition. Even the most recent medical certificate does not indicate that a posting at Peerumedu will have adverse impact on his health. Peerumedu is within the Ernakulam SSA. Unlike in old days, given the improved modern transport facilities by road, it is not a very far off place from Ernakulam, reachable within 4 hours. 9. In the above circumstances this Tribunal is not inclined to allow the OA. The interim order already granted is vacated. Respondents are directed to consider applicant for not assigning any work which involves strenuous activity while he is at Peerumedu. Ordered accordingly. No order as to costs.
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