Can i file a case
M Selvasekaran
(Querist) 28 May 2014
This query is : Resolved
Sir,
I am a native of Tamil nadu. . I am a Central Government of working as a Store keeper in Military engineer services at Chilka in Orissa. I am Appointed on 29 Nov 2008 & till date working in same place for more than 5 years. Chilka is a Hard Tenure Station from 2009 to 2012 ( for Four Years). My present station is 1800 km from native place, so they have to count my tenure liability but not counted. I have served in that period But my Tenure Has not been Considered. Now I was posted to Jaisalmer as Tenure Posting. As per rule If a person Served in tenure posting has to go Peace Station, But i was again posted to hard tenure. What can i do for that , Can I Lodge a complaint in CAT, Please explain How to tackle the Case. If i am Lodging a case where have to lodge the case (in Duty station, Chennai or anywhere in India.
Adv.S.A.N.Baroodkar
(Expert) 28 May 2014
please give a brief in clear whether you work in army or any other institution in connect of central govt relating to army or navy ?
P. Venu
(Expert) 29 May 2014
Have you represented to higher authorities?You can move the CAT if the representations are unsuccessful.
Advocate. Arunagiri
(Expert) 29 May 2014
You have to file a petition before
THE ARMED FORCES TRIBUNAL, REGIONAL BENCH AT CHENNAI.
You can engage an advocate for handling the case.
This tribunal is headed by a sitting High Court Judge.
Dr J C Vashista
(Expert) 29 May 2014
Mr. Selvasekaran is appointed as Civillian Store-keeper in MES where provisions of Armed Forces Tribnal Act, 2007 are not applicable, therefore, his case, if any shall lie before Central Administrative Tribunal.
The author is governed by All India liability for his posting as per policy governing the subject matter, seek a copy of the same under the provisions of Section 6 of the RTI Act, 2005 and proceed, if author feel aggrieved.
However, serving in a non-family station (during peace time)or modified field shall be considered by authorities.
Whatsoever, during war times MES ceases to operate in operational area and Engineering Corps takes over the task. The postings of staff (including civillian store-keeper- the author) is governed by their respective employer i.e., Army/Air Force/Navy Act suspending fundamental rights of all civillian defence employees
Sankaranarayanan
(Expert) 29 May 2014
I do agree with Dr vashista. First confirm through RTI. As advised by him
R.K Nanda
(Expert) 29 May 2014
agree with experts.
Rajendra K Goyal
(Expert) 29 May 2014
Whether Chilka is considered a so called Hard tenure Station by the department, if so represent to higher authorities and later can move to CAT.
M Selvasekaran
(Querist) 29 May 2014
I accept with Dr JC Vashistha, It is a family station. But It is declared as ahard Tenure station, By our Higher Authorities. At war anybody have to work as our Order, that is different issue. But nearly 10 persons of my Batch mate who have served in tenure station have been counted Tenure liability in initial appointment and got posting to peace & choice station, After working in tenure they have to go their Choice station. But for me Tenure has not been counted & not got posting to peace station.
Dr J C Vashista
(Expert) 30 May 2014
Submit your detailed representation/ request to the MES authorities, especially appointing authority (may be Chief Record Officer in your case-find out)for consideration of your Chilka posting as hard tenure and you deserve to be posted in peace station.
However, it is not a legal query, please stop this thread.
M Selvasekaran
(Querist) 30 May 2014
Thanx Dr JC vashista , but I have represented / requested , but till now no reply , & but I have heard that my request has been rejected. so I am Asking that what can i do after that
T. Kalaiselvan, Advocate
(Expert) 31 May 2014
A tenure of posting to the hard living area and subsequently a tenure with choice of posting is the general norms maintained by the defence services but it is again subject to service exigencies. This clause service exigency will play havoc on certain category of rebellious people who ultimately become victim of their own mischief. This is a common sight not only on defence services but even in the civil or private sectors. Now the issue lies with an application rejected by the competent authority, being a civilian in defence, an application to CAT seeking redress to the grievance will be an alternative solution. Consult a lawyer and proceed.
