Government Employee Has No Vested Right To Particular Duty, Assigning Duty Is Prerogative Of Employer: Kolkata Central Administrative Tribunal
The Central Administrative Tribunal Kolkata bench of Suchitto Kumar Das (Administrative Member) held that a Government employee has no vested right to a particular duty. It held that assigning duty to an employee is the prerogative of the employer who has to take decisions in this regard based on available resources, rules in force and financial...
The Central Administrative Tribunal Kolkata bench of Suchitto Kumar Das (Administrative Member) held that a Government employee has no vested right to a particular duty. It held that assigning duty to an employee is the prerogative of the employer who has to take decisions in this regard based on available resources, rules in force and financial implications.
Brief Facts:
The matter pertained to a dispute between applicants, who were running staff under the Katihar Division of North East Frontier Railway (NFR) based at New Jalpaiguri (NJP), and the North East Frontier Railway regarding the manning of the newly introduced Vande Bharat Express Train between NJP and Guwahati. The applicants, comprised of Loco Pilots (Drivers) and Train Managers (Guards), challenged the crew link diagram published by NFR HQ, and the transfer orders of Train Managers issued by Alipurduar Division. They argued that the train should be manned by Katihar Division crew and guards based at NJP, not by Alipurduar Division crew as per the current crew link diagram. Therefore, they approached the Central Administrative Tribunal Kolkata (“Tribunal”) and filed an original application.
The applicants argued that there were enough crew and guards from Katihar Division at NJP capable of manning the trains originating from NJP, especially considering that primary maintenance of the train is carried out by Katihar Division at NJP/Siliguri complex. They argued that the posting of Alipurduar Division staff to NJP was an interdivisional transfer, which should have approval from higher authorities.
On the other hand, the Railways argued that the crew link diagram was a well-balanced arrangement crucial for regulating the manning of passenger trains in the zonal Railway system, considering factors like crew availability, hours of employment regulations, and financial implications. It emphasized that the existing service conditions of the applicants remain unaffected, with no transfers or financial losses incurred.
Observations by the Tribunal:
The Tribunal held that the government employees do not inherently possess a vested right to specific duties. Rather, the assignment of duties falls within the discretion of the employer, who must consider available resources, existing rules, and financial implications when making such decisions. It held that the drawing up of a crew link diagram holds significant importance in the efficient operation of daily train services within a zonal Railway system, and it is within the competence of the zonal Railway to notify such arrangements.
The applicants argued that the transfer orders should have been issued at the headquarters level. However, upon examination of the evidence presented, the tribunal held that there was no instance of inter-divisional transfers within the orders. The transfers of Train Managers (Guards) from Alipurduar to NJP, it noted, were not of an interdivisional nature; rather, these managers have been relocated within the NJP lobby of Alipurduar Division and placed under the supervision of Alipurduar Division.
Therefore, the tribunal held that there was no legal flaw in the crew link diagram issued by Dy. CME (O&F), NFR, or in the transfer orders of Train Managers issued by Alipurduar Division.
Case Title: Indrajit Choudhary & Ors. vs Union of India and Ors.
Case Number: O.A./350/01134/2023
Advocate for the Petitioner: Mr. P. C. Das, Counsel and Mr. A. K. Paul, Counsel
Advocate for the Respondent: Mr. K. N. Bhattacharyya, Counsel