UNION OF INDIA versus D. MOHAN AND ORS.

Citation: [1995] 1 S.C.R. 747 · Decided: 01-02-1995 · Supreme Court of India · Bench: S.C. AGRAWAL · Disposal: Case Partly allowed

Judgment (excerpt)

--,...-
UNION OF INDIA 
v. 
D. MOHAN AND ORS. 
FEBRUARY 1, 1995 
(S.C. AGRAWAL AND FAIZAN UDDIN, JJ.] 
Se1vice Law-Telecom Se1vice-Tramfer Orders-Junior Telecom Of 
ficers -Reorganisation or Telecom circles-Merger of Hyderabad Telecom 
Dist1ict with A.P. Telecom Circle-Decision to rotate JTOs and Circle Cadre 
Officials-Orders of trans/ er from Hyderabad Telecom District to Telangana 
Distlict of Andhra Pradesh-Orders to be passed after considering individual 
options of employees in terms of Govt. of India instructions. 
A 
B 
c 
On reorganisation of the Telecom Circles, the Hyderabad Telecom 
District was merged with the A.P. Telecom Circle and brought under the D 
administrative control of the Chief General Manager, Telecom, A.P. The 
Chief General Manager decided to rotate Junior Telecom Officers and 
other Circle Cadre Officials and post substitutes in their place from other 
districts with a view to maintain service efficiently and to help the staff 
who served in ditTrcult areas of Telangana so as to remove the frustration 
and to accommodate them at their places of choice. The respondents, E 
working as Junior Engineers in the Telephone District, Hyderabad were 
transferred from Hyderabad Telecom District to the Telangana District of 
Andhra Pradesh Telecom Circle. The respondents challenged the transfers 
before the Central Administrative Tribunal. The Tribunal set aside the 
orders holding that having regard to the instructions dated 19.9.1986 F 
issued at the time of reorganisation and on consideration of the transfer 
liability as per orders of appointment of the respondents they could only 
be transferred within the erstwhile Hyderabad Telephone District and, 
therefore, even after reorganisation they could not be transferred to other 
areas in Andhra Pradesh Circle without their consent so long as they 
worked in the category in which they had been recruited. This appeal had G 
been filed challenging the judgment of the Tribunal. 
J. The appellants submitted that as per reorganisation scheme the 
seniority lists of all the circle cadre officials, including that of Junior 
Telecom Officers were merged together and a common gradation list of H 
747 
748 
SUPREME COURT REPORTS, 
(1995) 1 S.C.R." 
A entire A.P. Circle including those of erstwhile Hyderabad Tt;lecom District 
was issued by the Chief General Manager and the Common gradation list 
....._~ 
so prepared formed the basis for promotion and transfers, etc. It was 
submitted that since the respondents held a transferable post and, there-
fore, they could not be said to have any vested right to remain posted at 
one place or the order and they were liable to be transferred according to 
B the ·administrative exigencies. The appellants stated that the Chief General 
Manager decided to rotate the JTOs every two years and post substitutes 
in their place from other districts with a view to maintain service efficiently 
and to help the staff who had served in difficult areas and, therefore, in 
view of those facts and. circumstances the Tribunal should not have inter-
C ferred with the order of transfer which was made on administrative 
grounds. 
The respondent employees countered by submitting that all the 
respondents were working in Telecom District, Hyderabad since their 
D recruitment to the service when the Telecom Department of Hyderabad 
was a separate and independent unit till the reorganisation of Telecom 
Circles. Soµie of them came on voluntary transfer to the Telecom District 
in which they had been recruited. It was, therefore, urged, that since they 
had suffered forfeiture of their seniority and having liability to serve only 
in Telecom District, Hyderabad, they were not liable to be transferred 
E outside the said District even after reorganisation except under Special 
circumstances when they could be transferr~d to any part of India. 
Allowing the appeal partly, the Court 
F 
HELD : 1.1. The erstwhile Hyderabad Telephone District was merged 
with the A.P. Telecom Circle and brought under the administrative control 
of the Chief General Manager, Telecom, A.P. After the reorganisation of 
the circles with effect from 1.11.1986. It had also not been disputed that 
after the reorganisation of the circles the seniority lists of all the circle 
cadre officials including that of the Junior Telecom Officers were merged 
G and a common gradation list of A.P. Circle including those of the erstwhile 
Hyderabad Telecom District was issued by the 

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