Facts
The applicants, four employees of the Firefighting Wing of the Vehicle Sub Depot (VSD), Delhi Cantt., Ministry of Defence, were transferred from their non-tenure posts in Delhi to Ganganagar and Agra via an order dated May 27, 2023.
Source reference: p.2They had previously been posted in Leh, Ladakh, and subsequently transferred to a non-tenure post in Delhi on November 30, 2021.
Source reference: p.6Aggrieved by the transfer, the applicants submitted representations which were rejected by the respondents on July 18, 2023.
Source reference: p.4The respondents' reasoning for the transfers was that the applicants' unit (CVD, Delhi) had been disbanded on November 18, 2022, rendering them surplus personnel.
Source reference: p.9, p.13The respondents contended that due to non-availability of vacancies within 50 km of Delhi, the juniormost surplus employees, including the applicants, were transferred out, asserting that transfer policy rules regarding tenure/non-tenure postings do not apply to surplus staff.
Source reference: p.9-10The applicants argued that their transfer before completing the stipulated six-year tenure at a non-tenure station in Delhi violated the respondents' policy.
Source reference: p.6-7They also claimed discrimination, citing other employees retained in Delhi who were neither 57 years old nor transferred from a tenure posted unit.
Source reference: p.8Additionally, the applicants stated they were not given options for their posting.
Source reference: p.9Original Court PDF
Pardeep Kumar & Ors. v. Union of India & Ors. [OA No. 2400/2023]
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