P. S. Manoj Vs. Union of India Represented by the Secretary, Ministry of Agriculture New Delhi and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/939926
CourtCentral Administrative Tribunal CAT Ernakulam
Decided OnJan-07-2011
Case NumberO.A. NO.635 of 2010
JudgeTHE HONOURABLE MRS. K. NOORJEHAN, ADMINISTRATIVE MEMBER
AppellantP. S. Manoj
RespondentUnion of India Represented by the Secretary, Ministry of Agriculture New Delhi and Others
Advocates:For the Applicant: K.K. Mohammed Ravuf, Advocate. For the Respondents: R1 - Millu Dandapani, ACGSC, R2, R3, and R4 - P. Santhosh Kumar, R5 - T.P. Sajan, Advocates.
Excerpt:
hon'ble mrs. k. noorjehan, administrative member 1. the applicant is aggrieved by the rejection of his request for a transfer to kvk of cmfri, kochi. 2. the applicant was appointed as subject matter specialist (t-6) on 30.5.1994 in the krishi vigyan kendra, indian institute of spices research, peruvannamuzhi, calicut, an institute under the icar. though he is holding the grade of t-9, he is still working in the same place for more than 15 years. while so, when the 3rd respondent invited applications for appointment as subject matter specialist(t-6) at kochi (a-1), he applied for transfer to the post (a-3). however, the 5th respondent was selected and posted. he is challenging the rejection of his request on the grounds that his wife is employed at cherthala, he is continuously working in the same place for the last 15 years, he is entitled to get a transfer and posting at kochi and that he can be considered for transfer against one of the two more vacancies that are arising in kochi office. hence he filed this o.a to quash annexure a-8, to set aside the order of the 5th respondent and to pass appropriate orders appointing him in the office at kochi. 3. the respondents 2 to 4 and respondent no.5 have filed separate reply and additional reply statements opposing the averments in the o.a. they stated that there are 47 research institutes under icar. 5 national bureaus, 26 national research centres, 10 project directorates 569 krishi vigyan kendras and 73 all india coordinated research projects, etc. the indian institute of spices research and central marine fisheries research institute are two such research institutes and the krishi vigyan kendras are placed under these research institutions. the kvks are the grass root level vocational training institutions designed for bridging the gap between the available technologies at the one end and their application for increased production at the other end. the kvks of icar institutes are grouped under 8 zones. the kvks in the kerala state come under zone viii with headquarters at bangalore. the posts of subject matter specialists are designated exclusively for the kvks. consequent on receipt of approval of revised staff pattern on 23.2.2009 in different disciplines of the kvks , the 3rd respondent invited applications from eligible candidates for filling up 5 vacant posts of subject matter specialist in t-6 grade in pb-2 of rs. 9300-34800 with grade pay of rs. 5400/- at kvk narakkal. the representation of the applicant dated 1.10.2009 was received directly from the applicant on 3.10.2009. they stated that the application was not forwarded through proper channel, the application forwarded by the competent authority was received only in december, 2009. the applicant was holding the post of t-9 in pb-3 scale of rs. 15600-39100 with grade pay of rs. 7600/- they submitted that the 3rd respondent is not legally bound to ensure posting of the applicant and his wife in the same station as the applicant is not employed under his control. they further stated that the 3rd respondent is not in a position to consider the representation of the applicant as directed by the tribunal in o.a. 286/2010 as there is no vacant post of t-9 (sms-horticulture) under him. the one post of sms horticulture in t-6 grade in kvk narakkal, under the direct recruitment quota was already notified and filled up from open market. 4. the applicant filed rejoinder stating that one dr. feemeena hassan while working in t-6 grade in kvk 11sr calicut was transferred to cmfri, kochi during 2001. he contended that t-6 and t-9 are in pb-3 having the same scale of pay of rs. 15600-39100 but different grade pay, therefore transfer from a t-9 post to a t-6 post is permissible. he added that two more vacancies in t-9 grade will arise in cmfri shortly. 5. the respondents refuted the contention of the applicant stating that the main objective of cmfri is to carry out research in fisheries/mariculture and only those who possess masters degree in fisheries science/marine biotechnology/zoology alone can be appointed in t-6 posts and considered for promotion to t-9 grade posts, etc. dr. feemana husan held a masters degree in fisheries science at the time of the transfer to cmfri kochi and now she is a senior scientist in another institute where appointment is done through a competitive selection process. as far as two more vacancies arising in cmfri, cochin, shortly, the third respondent has submitted that applicant lacks the requisite educational qualification and work experience and hence he cannot be considered for those posts. 6. the 5th party respondent in his reply statement submitted that pursuant to annexure a-1 notification he applied for the post, was selected and offered appointment. he submitted that there are a number of independent institutes under the icar and that cmfri is one of the institutes under the icar and therefore, the applicant who is an employee of the kvk under the indian institute of spices research, peruvannamuzhy, an independent separate unit of icar has no legal right to be transferred to kochi. he further stated that t-9 is a higher post hence the applicant cannot be transferred to a lower post. 7. the learned counsel for the respondents 2 to 4 filed a statement undertaking to file a detailed statement showing the additional information sought for by the tribunal. 8. on 6.12.2010 when the o.a was finally heard, the applicant's counsel contended that out of 6 subject matter specialists in kvk, narakkal, only 5 posts have been filled up from open market, wherein the fifth respondent was selected. therefore, the respondents were directed to clarify: "whether one more post of subject matter specialist is available to be filled up and whether it is proposed to be filled up from the subject matter of horticulture. if so, whether the said post can be filled up by transfer of the applicant. it is already stated in para a-5 of the additional reply statement that t-6 and t-9 are in pb-3 with grade pay of rs. 5400/- and rs. 7600/- respectively. since continuous periodical assessment is made for further promotions, which is not linked to availability of promotional posts, the transfer of the applicant shall not prejudicially affect the promotion prospects of any employee " and file an affidavit. 9. the respondents have filed an affidavit on 20.12.2010 stating that the kvk of cmfri has 6 sanctioned posts of t-6 (subject matter specialist) under various disciplines out of which t-6 (sms home science) was already filled up by smt. p. sreelatha w.e.f. 3.2.2000 and that notification was issued for filling up the remaining 5 vacancies and that now no vacant post of t-6(sms) is available in the kvk, narakkal under the cmfri cochin, as all the sanctioned posts are already filled up and the incumbents are in functional positions. 10. the applicant is working in one of the krishi vigyan kendras under the indian spices research institute, kozhicode, one of the constituent units of icar, holding the post of subject matter specialist (horticulture) in the grade of t-9, having a grade pay of rs. 7600 whereas the post to which he is seeking transfer is in the grade of t-6 at the initial entry level having a grade pay of only rs. 5400. the applicant contended that both the posts are in pb-3 having the same pay scale of rs. 15600-39100. though the two posts are in the same scale, they have different grade pay which determines the level of the post. t-9 in grade pay of rs. 7600 is two stages higher than the t-6 grade pay of rs. 5400/- which one normally reaches through promotion only. hence, i do not find any merit in the contention. normally, the posts carrying the same grade pay only are inter-transferable. the only available post of sms (horticulture) kvk, narakkal was filled up by the 5th respondent through open notification along with 4 other specialists in other subjects. the applicant does not possess the prescribed educational qualification and work experience for any t-9 grade post vacancy which may arise in future in cmfri, cochin. in the circumstances, i am of the view that annexure a-2 guidelines are not applicable to the case of the applicant. therefore, i do not find any infirmity with the order at annexure a-8. 11. in this view of the matter, i do not find any merit in the o.a. it is accordingly dismissed. no costs.
Judgment:

HON'BLE MRS. K. NOORJEHAN, ADMINISTRATIVE MEMBER

1. The applicant is aggrieved by the rejection of his request for a transfer to KVK of CMFRI, Kochi.

2. The applicant was appointed as Subject Matter Specialist (T-6) on 30.5.1994 in the Krishi Vigyan Kendra, Indian Institute of Spices Research, Peruvannamuzhi, Calicut, an Institute under the ICAR. Though he is holding the grade of T-9, he is still working in the same place for more than 15 years. While so, when the 3rd respondent invited applications for appointment as Subject Matter Specialist(T-6) at Kochi (A-1), he applied for transfer to the post (A-3). However, the 5th respondent was selected and posted. He is challenging the rejection of his request on the grounds that his wife is employed at Cherthala, he is continuously working in the same place for the last 15 years, he is entitled to get a transfer and posting at Kochi and that he can be considered for transfer against one of the two more vacancies that are arising in Kochi office. Hence he filed this O.A to quash Annexure A-8, to set aside the order of the 5th respondent and to pass appropriate orders appointing him in the office at Kochi.

3. The Respondents 2 to 4 and Respondent No.5 have filed separate reply and additional reply statements opposing the averments in the O.A. They stated that there are 47 Research Institutes under ICAR. 5 National Bureaus, 26 National Research Centres, 10 Project Directorates 569 Krishi Vigyan Kendras and 73 All India Coordinated Research Projects, etc. The Indian Institute of Spices Research and Central Marine Fisheries Research Institute are two such Research Institutes and the Krishi Vigyan Kendras are placed under these research institutions. The KVKs are the grass root level vocational training institutions designed for bridging the gap between the available technologies at the one end and their application for increased production at the other end. The KVKs of ICAR institutes are grouped under 8 zones. The KVKs in the Kerala State come under Zone VIII with headquarters at Bangalore. The posts of Subject Matter Specialists are designated exclusively for the KVKs. Consequent on receipt of approval of revised staff pattern on 23.2.2009 in different disciplines of the KVKs , the 3rd respondent invited applications from eligible candidates for filling up 5 vacant posts of Subject Matter Specialist in T-6 grade in PB-2 of Rs. 9300-34800 with grade pay of Rs. 5400/- at KVK Narakkal. The representation of the applicant dated 1.10.2009 was received directly from the applicant on 3.10.2009. They stated that the application was not forwarded through proper channel, the application forwarded by the competent authority was received only in December, 2009. The applicant was holding the post of T-9 in PB-3 scale of Rs. 15600-39100 with Grade Pay of Rs. 7600/- They submitted that the 3rd respondent is not legally bound to ensure posting of the applicant and his wife in the same station as the applicant is not employed under his control. They further stated that the 3rd respondent is not in a position to consider the representation of the applicant as directed by the Tribunal in O.A. 286/2010 as there is no vacant post of T-9 (SMS-Horticulture) under him. The one post of SMS Horticulture in T-6 grade in KVK Narakkal, under the direct recruitment quota was already notified and filled up from open market.

4. The applicant filed rejoinder stating that one Dr. Feemeena Hassan while working in T-6 grade in KVK 11SR Calicut was transferred to CMFRI, Kochi during 2001. He contended that T-6 and T-9 are in PB-3 having the same scale of pay of Rs. 15600-39100 but different grade pay, therefore transfer from a T-9 post to a T-6 post is permissible. He added that two more vacancies in T-9 grade will arise in CMFRI shortly.

5. The respondents refuted the contention of the applicant stating that the main objective of CMFRI is to carry out research in Fisheries/Mariculture and only those who possess Masters degree in Fisheries Science/Marine Biotechnology/Zoology alone can be appointed in T-6 posts and considered for promotion to T-9 grade posts, etc. Dr. Feemana Husan held a Masters degree in Fisheries Science at the time of the transfer to CMFRI Kochi and now she is a senior Scientist in another institute where appointment is done through a competitive selection process. As far as two more vacancies arising in CMFRI, Cochin, shortly, the third respondent has submitted that applicant lacks the requisite educational qualification and work experience and hence he cannot be considered for those posts.

6. The 5th party respondent in his reply statement submitted that pursuant to Annexure A-1 notification he applied for the post, was selected and offered appointment. He submitted that there are a number of independent Institutes under the ICAR and that CMFRI is one of the institutes under the ICAR and therefore, the applicant who is an employee of the KVK under the Indian Institute of Spices Research, Peruvannamuzhy, an independent separate unit of ICAR has no legal right to be transferred to Kochi. He further stated that T-9 is a higher post hence the applicant cannot be transferred to a lower post.

7. The learned counsel for the respondents 2 to 4 filed a statement undertaking to file a detailed statement showing the additional information sought for by the Tribunal.

8. On 6.12.2010 when the O.A was finally heard, the applicant's counsel contended that out of 6 subject matter specialists in KVK, Narakkal, only 5 posts have been filled up from open market, wherein the fifth respondent was selected. Therefore, the respondents were directed to clarify:

"whether one more post of Subject Matter Specialist is available to be filled up and whether it is proposed to be filled up from the subject matter of Horticulture. If so, whether the said post can be filled up by transfer of the applicant. It is already stated in para A-5 of the additional reply statement that T-6 and T-9 are in PB-3 with grade pay of Rs. 5400/- and Rs. 7600/- respectively. Since continuous periodical assessment is made for further promotions, which is not linked to availability of promotional posts, the transfer of the applicant shall not prejudicially affect the promotion prospects of any employee " and file an affidavit.

9. The respondents have filed an affidavit on 20.12.2010 stating that the KVK of CMFRI has 6 sanctioned posts of T-6 (Subject Matter Specialist) under various disciplines out of which T-6 (SMS Home Science) was already filled up by Smt. P. Sreelatha w.e.f. 3.2.2000 and that notification was issued for filling up the remaining 5 vacancies and that now no vacant post of T-6(SMS) is available in the KVK, Narakkal under the CMFRI Cochin, as all the sanctioned posts are already filled up and the incumbents are in functional positions.

10. The applicant is working in one of the Krishi Vigyan Kendras under the Indian Spices Research Institute, Kozhicode, one of the constituent units of ICAR, holding the post of Subject Matter Specialist (Horticulture) in the grade of T-9, having a grade pay of Rs. 7600 whereas the post to which he is seeking transfer is in the grade of T-6 at the initial entry level having a grade pay of only Rs. 5400. The applicant contended that both the posts are in PB-3 having the same Pay scale of Rs. 15600-39100. Though the two posts are in the same scale, they have different grade pay which determines the level of the post. T-9 in Grade pay of Rs. 7600 is two stages higher than the T-6 grade pay of Rs. 5400/- which one normally reaches through promotion only. Hence, I do not find any merit in the contention. Normally, the posts carrying the same grade pay only are inter-transferable. The only available post of SMS (Horticulture) KVK, Narakkal was filled up by the 5th respondent through open notification along with 4 other specialists in other subjects. The applicant does not possess the prescribed educational qualification and work experience for any T-9 grade post vacancy which may arise in future in CMFRI, Cochin. In the circumstances, I am of the view that Annexure A-2 guidelines are not applicable to the case of the applicant. Therefore, I do not find any infirmity with the order at Annexure A-8.

11. In this view of the matter, I do not find any merit in the O.A. It is accordingly dismissed. No costs.