Bharat Sanchar Nigam Limited Bsnl vs. Subhash Kumar

WP(C) 5010/2016 BEFORE HON'BLE MR. JUSTICE HRISHIKESH ROY HON'BLE MR. JUSTICE PARAN KUMAR PHUKAN The respondent is a Telecom Technical Assistant (TTA), who is posted in Assam Ci rcle of the BSNL organization. The employee wanted to be transferred to the Jhar khand Telecom Circle and accordingly he approached the Central Administrative Tr ibunal, Guwahati (in short 'the CAT'). In the O.A. No.040/00229/2016, the learne d CAT on 1.7.2016 (Annexure-3) had directed the employer to release the applican t to join in the Jharkhand Telecom Circle and therefore the aggrieved BSNL has f iled this writ petition. Mr. B. Pathak, the learned Central Govt. Counsel refers to Clause 3 (page 21) of

the BSNL Transfer Policy, notified on 7.5.2008 to project that the employer has reserved the right to allow/disallow the transfer, as per the exigencies of the organization and therefore it is contended that the direction issued by the CAT is beyond its powers.

Mr. S. Banik, the learned counsel has instruction to represent the respondent. A ccordingly let a copy of this petition be furnished to Mr. Banik. The Registry should reflect the name of Mr. Banik, who has filed vokalatnama on behalf of the respondent, in the cause list and in the case record.

This case should be relisted on 19.9.2016, to suit the convenience of both lawye rs.