UNION OF INDIA versus D. MOHAN AND ORS.

UNION OF INDIA versus D. MOHAN AND ORS.

Transfer orders for staff recruited to specific units, such as Hyderabad Telecom District, after reorganisation, can only be enforced if individual options are obtained pursuant to Government of India instructions dated 19.9.1986. Failure to seek such options renders the transfer order unenforceable.

Parties
Appellant: Union of India; Respondents: D. Mohan and Others
Jurisdiction
India
Judgment Date
01 February 1995
Procedural Posture
Civil Appeal / Appeal From Central Administrative Tribunal, Final Judgment
Outcome
Appeal allowed partly; Tribunal's order modified.
Legal Topics
Telecom Service, Transfer Orders, Reorganisation of Telecom Circles, Seniority and Gradation Lists, Administrative Transfers
Service Law Telecom Service Transfer Orders Reorganisation of Telecom Circles Seniority and Gradation Lists Administrative Transfers

Case Brief

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Parties

Union of India

Appellant

D. Mohan and Others

Respondents

Procedural Posture

Civil Appeal / Appeal From Central Administrative Tribunal, Final Judgment

Legal Issues

  1. 1 Whether Junior Telecom Officers recruited or transferred to Hyderabad Telecom District could be transferred to other areas of Andhra Pradesh Telecom Circle after reorganisation without their consent
  2. 2 Whether the merger and common gradation list changes the transfer liability of officials
  3. 3 Whether government instructions regarding seeking options before transfer were complied with

Ratio Decidendi

Transfer orders for staff recruited to specific units, such as Hyderabad Telecom District, after reorganisation, can only be enforced if individual options are obtained pursuant to Government of India instructions dated 19.9.1986. Failure to seek such options renders the transfer order unenforceable.

Court Disposition

Appeal allowed partly; Tribunal's order modified.

Orders

  • In the event respondents are proposed to be transferred to Telangana areas, options shall be obtained from them and transfer orders passed afresh after considering their individual options.
  • Parties to bear their own costs of this appeal.