CHIEF GENERAL MANAGER (TELECOM) N.E. TELECOM CIRCLE AND ANR. versus SH. RAJENDRA CH. BHATTACHARJEE AND ORS.

Citation: [1995] 1 S.C.R. 360 · Decided: 18-01-1995 · Supreme Court of India · Bench: S.C. AGRAWAL, FAIZAN UDDIN · Disposal: Appeal(s) allowed

Judgment (excerpt)

A 
B 
CHIEF GENERAL MANAGER (TELECOM) 
N.E. TELECOM CIRCLE AND ANR. 
v. 
SH. RAJENDRA CH. BHATTACHARJEE AND ORS. 
JANUARY 18, 1995 
[S.C. AGRAWAL AND FAIZAN UDDIN, JJ.] 
Service Law-Office Memorandum No. 20014/283-E, W dated 14-12-
1983, issued by Government of Jndia-:-Choice posting after tenure posting in 
C North Eastern region-Benefit of-Whether available__J_o employees who 
belong to that region-Held, No-1983 memorandum applicable only to per-
sons belonging to region other than North Eastern region. 
Service Law-Transfer on administrative grounds-Powers of court to 
D inteif ere with. 
The Government of India with a view to attract and retain competent 
officers for services in the North Eastern region issued an Office 
Memorandum No. 20014/283-E, IV dated 14-12-1983 laying down that there 
will be a fixed tenure posting of three years at a place for officers with 
E service of ten years or less and of two years at a time for officers with more 
than ten years of service and officers on completion of the fixed tenure of 
-
service, might be considered for posting to a station of their choice. The 
respondent No. 1 belonging to North Eastern region, was originally ap-
pointed as Wireless Operator in the department of Post & Telegraph in 
F the year 1964 and posted in the State of Arunachal Pradesh and thereafter 
he had been working eversince in the North Eastern ·region of India. On 
the basis of the memo of the Government of India, he claimed posting at 
Agartala as the station of his choice contending that he had completed 
service of two years tenure period in the North Eastern region. However, 
he was transferred to Nagaland. The respondent challe~ged the order of 
G transfer contending that he had completed tenure period and, therefore, 
on the basis of the Central Government memorandum had acquired the 
right of a choice posting and as his choice station was Agartala he ~hould 
be posted there. The Central Administrative Tribunal accepting the case 
of the respondent directed the Govt. to transfer the respondent from 
H Nagaland to Agartala. Hence this appeal. 
360 
F-
l 
r 
1. 
N.E. TELECOM CIRCLE v. R.C. BHATIACHARJEE 
361 
The appellant contended that by virtue of the Central Governmen~ A 
memo dated 14~12-1983, the consideration for posting at a station of choice 
was provided only for those officers who came to North Eastern region to 
complete their tenure posting and the said choice was not available to 
those officers who were appointed and posted in the North Eastern region 
Itself and that even otherwise the posting at the station of choice was not 
mandatory condition. 
The question raised for consideration was ·whether the transfer of a 
civilian employee of the Cehtral Government ·service in the States and 
Union Territories of North Eastern region, to a station of their choice, was 
B 
a condition applicable even to those officers and employees who belonged C 
to that region itself and were posted and appointed at any station within 
that region by virtue of the office memorandum dated 14-12-1983. 
Allowing the appeal, the Court 
HELD : 1.1. Office memo dated 14-12-1983 issued by the Government D 
of India is meant for attracting and retaining the. service of competent 
officers in the North Eastern region, from other parts of the country and 
the expression tenure posting will imply the posting of officers in that 
region from outside the region who have been attracted from other parts 
of the country and the region other than the North Eastern region and not E 
the person belonging to that very region where they are appointed and 
posted. Therefore, the 1983 memorandum with regard to the choice posting 
after the tenure posting is available only to persons belonging to the region 
other then the North Eastern region. [365-H, 366-A·B-E] 
Union of India and Ors. v. Vijay Kumar and Ors., JT (1994) 6 443, F 
referred to. 
1.2. A Government employees or any servant of a Public Undertaking 
has no legal right to insist for being posted at any parti,cular place. In the 
instant case, the respondent was holding a transferable post and unless 
specifically provided in his service conditions, he had no choice in the G 
matter of posting. [366-H, 367-A] 
1.3. The transfer of a public servant on administrative grounds or 
in public interest should not be interferred with unless there are strong 
and compelling grounds rendering the transfer order improper and un.:- H 
362 
SUPREME COURT REPORTS 
[1995

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