Sukanya.A.S. vs. Union Of INDIA
Held
The High Court upheld the CAT's decision to vacate the interim stay, reiterating that transfer is an incidence of service and that the Recruitment Rules do not provide for inter-Commissionerate transfer. The Court found no illegality in the CAT's order, but clarified that its observations were only for the interim matter and the CAT should decide the main application on merits expeditiously.
Facts
An Executive Assistant, transferred on spouse grounds in 2017, was ordered to be repatriated to her parent zone in 2024. She challenged this order before the Central Administrative Tribunal (CAT), which initially granted an interim stay but later vacated it.
Key Issues
The key legal issue was whether the Central Administrative Tribunal was justified in vacating an interim order that stayed the repatriation of an employee to her parent zone, considering the absence of specific provisions for inter-Commissionerate transfer in the Recruitment Rules.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL & THE HONOURABLE MR. JUSTICE EASWARAN S. FRIDAY, THE 24TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946 OP (CAT) NO. 89 OF 2024 AGAINST THE ORDER/JUDGMENT DATED 21.05.2024 IN OA NO.263 OF 2024 OF CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH PETITIONER/APPLICANT: SUKANYA.A.S., AGED 42 YEARS W/O NAJMUDEEN S.M., EXECUTIVE ASSISTANT, OFFICE OF THE COMMISSIONER OF CENTRAL GOODS AND SERVICE TAX, AND CENTRAL EXCISE, THIRUVANANTHAPURAM - 695 001 RESIDING AT "NEEHARAM" NO. T C 32/2437 -1, VETTIKONAM, VAZHAYILA, PEROORKADA, THIRUVANANTHAPURAM, PIN - 695013 BY ADVS. T.C.GOVINDASWAMY KALA T.GOPI KAILESH T. GOPI NISHITHA BALACHANDRAN RAHUL R. RESPONDENTS/RESPONDENTS: 1 UNION OF INDIA REPRESENTED BY ITS SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, NEW DELHI, PIN - 110001 2 THE CHAIRMAN THE CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS, (GOVERNMENT OF INDIA), 5TH FLOOR, HUDCO VISHALA BUILDING, BIKAJI CAMA PLACE, NEW DELHI, PIN - 110022 3 THE CHIEF COMMISSIONER OF CENTRAL EXCISE CUSTOMS AND SERVICE TAX, C.R.BUILDING, I.S.PRESS ROAD, KOCHI, PIN - 682018 4 THE COMMISSIONER OF CEN
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