Amin Khan vs DEFENCE on 1 October 2026

O R D E R

Per Rameshwar Vyas

Being aggrieved by the transfer order dated 02.07.2025 (Annex.A/1), issued by the Headquarters i.e.the Chief Engineer, Southern Command, Pune, whereby, while transferring the applicant from the office of Garrison Engineer (EP), Jodhpur to Garrison Engineer (A), Jamnagar, he was shown as Meter Reader and not Store and Revenue Assistant (SRA), the applicant has filed the present O.A. challenging the aforesaid transfer order.

2. Facts of the case in brief are as under : JITENDRA RAJ MEHTA

2- [Original Application No. 288 OF 2025]

As per service record of the applicant, he was appointed on compassionate grounds to the post of Meter Reader on 03.10.2016 in the Military Engineering Services (MES) at Jodhpur. He joined the post on 14.10.2016. In the first cadre review of Barrack & Store Cadre, the applicant opted for re-designation as Store and Revenue Assistant (SRA) w.e.f. 15.10.2017. It is not in dispute that thereafter, he served as SRA at Banar and thereafter, transferred to Jodhpur.

In the movement order regarding his transfer from G.E., Banar to G.E. (EP), Jodhpur, he was shown as SRA. It is not in dispute that from 15.12.2017 till 02.07.2025 (Annex.A/1), the applicant was shown as SRA and not Meter Reader. However, while issuing his transfer order dated 02.07.2025, impugned herein, he has been shown as Meter Reader. Being aggrieved with the above, the applicant has filed the present O.A. to quash and set aside the above order.

3. As per reply of the respondents, the decision of the first cadre review of Barrack and Store Cadre, has been kept in abeyance vide order dated 28.10.2025 (Annex.R/1) wherein re-designation of the applicant as SRA in Part-II Order (PTO) dated 04.06.2018 (Annex.A/3), has not been disputed. It is averred that Part-II Order (Annex.A/3) was issued pending confirmation from the appointing authority, however, for want of approval from the office of the Chief Engineer designation of applicant has been shown as Meter Reader in the impugned transfer order. On account of this transfer, he has not been subjected to any financial loss, as both the designations carry equal Grade Pay i.e. Rs. 1,900/-. It is further averred that vide order dated 28.10.2025 (Annex.R/1), the applicant’s re- designation from Meter Reader to SRA/SSRA, has been kept on hold, and, the status quo, as of date, has been directed to be maintained. Consequent upon withholding of the cadre review, the applicant has been JITENDRA RAJ MEHTA

3- [Original Application No. 288 OF 2025]

placed under the Meter Reader cadre vide order dated 24.11.2025 (Annex.R/2). The order passed by Chennai Bench of this Tribunal in O.A. No. 893/2022, is not at all applicable in the present case. In the said case, the applicant was holding the post of Senior Store and Revenue Assistant (SSRA). It is further averred that in OA No. 935/2022 [U.O.I. & Ors. Vs. All India MES Barrack & Store Cadre Association & Ors.], decided by Principal Bench of this Tribunal on 21.11.2022, was not related to cadre of Barrack and Store cadre whereas, the case in hand, relates to Meter Readers vis-à-vis the SRAs. The applicant has no vested right to be posted for ever at any particular place of posting. The respondents while contradicting his claim, have categorically prayed to dismiss this Original Application.

4. The applicant filed a rejoinder enclosing thereto, a copy of the requisition issued by the Eastern Command, wherein, on the basis of re- designation as SRA, the names of certain persons who were re-designated as SRA, were sent for their promotion as SSRA for vacancies of 2026. Learned counsel for the applicant contended that in the garb of impugned transfer order dated 02.07.2025 (Annex.A/1), applicant’s designation as ‘Store and Revenue Assistant’ w.e.f. 15.12.2017, has been tried to be cancelled without any order or even any prior notice or opportunity of hearing. The first cadre Review of Barrack & Store Cadre, issued vide letter dated 15.12.2017 when kept in abeyance, was challenged by an Association called, All India (MES) Barrack and Store Cadre Association & Ors., by filing O.A. No. 935/2022, wherein the impugned communication dated 19.09.2018, vide which cadre restructuring/review, specifically the pay and allowance of Barrack and Store cadre keeping in abeyance, was set aside. JITENDRA RAJ MEHTA

4- [Original Application No. 288 OF 2025]

5. The order passed by the Principal Bench, New Delhi was challenged by filing a Writ Petition before the Hon’ble High Court of Delhi, which is still pending for adjudication. Pending the matter subjudice before any Court the respondents committed illegality in withdrawing the order of re-designation of the applicant as Store and Revenue Assistant in the garb of impugned transfer order.

6. Heard learned counsel for the parties and perused the material available on record.

7. Learned counsel for the applicant submitted that despite grant of interim stay against the impugned transfer order dated 02.07.2025 on 19.09.2025 by this Bench, the respondents amended the PTO of applicant by placing him under Meter Reader category. The learned counsel for the applicant submitted that the action of the respondents is contemptuous and illegal in view of the matter being sub judice before Hon’ble High Court of Delhi. Hon’ble Delhi High Court while staying the operation of the order passed in O.A. No. 935/2022 dated 21.11.2022 of Principal Bench of this Tribunal also directed to maintain the status quo as of today with regard to pay/emoluments. He further contended that the aforesaid order of Hon’ble Delhi High Court does not give right to the respondents to disturb the designation granted to the employees under the first cadre review in the year 2017. Otherwise also, before cancelling the earlier designation of the applicant as SRA, the respondents were under an obligation to give a prior intimation and hearing opportunity to him. The respondents’ action is in utter disregard to the principles of natural justice as well as the settled legal principles to act according to law and respect the judicial orders.

8. On the contrary learned counsel for respondent authorities submitted that in the present matter the applicant has not challenged the JITENDRA RAJ MEHTA

5- [Original Application No. 288 OF 2025]

cancellation of his designation as SRA. The post of SRA & Meter Rader, carry the same Grade Pay of Rs. 1,900/-. By issuing the impugned transfer order his pay has not been reduced. He further submitted that applicant has no vested right to remain at one particular place of posting. He further submitted that after stay of the order passed by Principal Bench of this Tribunal in OA No. 935/2022 by the Hon’ble Delhi High Court, the respondents are not under an obligation to execute the first cadre review.

9. Having regard to the submissions made by learned counsel for the parties and material available on record, admittedly, the applicant was initially appointed on compassionate basis as a Meter Reader and opted for re-designation as Store and Revenue Assistant under the first cadre review of the Barrack and Store Cadre of MES sanctioned by the President of India in the year 2017. It is also not in dispute that the respondents have not disputed the re-designation of the applicant as Store and Revenue Assistant w.e.f. 15.12.2017 as mentioned in the PTO at Annex.A/3. It is true that the respondents sought to keep the above cadre review in abeyance however, the action of the respondents was challenged by the All India MES Barracks and Stores Cadre Association, Western Command, before the Principal Bench of this Tribunal, who vide order dated 21.11.2022 set aside the communication dated 19.09.2018 vide which cadre review was kept in abeyance. It is also not in dispute that the order of Principal Bench has been further challenged by the Union of India before the Hon’ble Delhi High Court, which while staying the judgment directed the parties to maintain the status quo as of today.

10. Perusal of the above judgment reveals that the issue of cadre review is sub judice before Hon’ble High Court at Delhi. In our view by staying the order passed by the Principal Bench of this Tribunal the Hon’ble Delhi High Court did not create a new right to the respondents to JITENDRA RAJ MEHTA

6- [Original Application No. 288 OF 2025]

undone the re-designation allowed in the year 2017. The respondents mis-interpreted the judicial orders and used it in their favour in violation of the settled legal preposition.

11. In the present case for treating the applicant as Meter Reader in the impugned transfer order, no order was passed by the respondents to place him in Meter Reader category. The respondents’ action in treating the applicant as a Meter Reader in the transfer order was without any authority. When the applicant was already re-designated as SRA under cadre review in the year 2017, he could not be treated a Meter Reader in the transfer order without passing any order in this regard. We are surprised to note that during the pendency of this O.A. wherein, the applicant has challenged the action of the respondents in treating him as a Meter Reader, the respondents proceeded to amend his service record wherein the applicant has been placed in Meter Reader category consequent upon holding of the first cadre review.

12. The action of the respondents in changing the cadre of applicant and that too, in the garb of transfer order and, without giving hearing opportunity to the delinquent, is totally bad in law and, therefore, deserves to be quashed and set aside.

Consequently, while allowing the O.A., the impugned transfer order dated 2nd July, 2025 (Annex.A/1), whereby, applicant has been transferred showing him ‘Meter Reader’, is quashed and set aside. The interim order dated 19th September, 2025, granted by this Tribunal, is made absolute.

13. Pending Misc. Application, if any, is also stands disposed of.

( Hukum Singh Meena) (Rameshwar Vyas) Member (Administrative)

Member (Judicial) JITENDRA RAJ MEHTA

7- [Original Application No. 288 OF 2025]

jrm.

JITENDRA RAJ MEHTA

8- [Original Application No. 288 OF 2025]

JITENDRA RAJ MEHTA

9- [Original Application No. 288 OF 2025]

JITENDRA RAJ MEHTA

10- [Original Application No. 288 OF 2025]

JITENDRA RAJ MEHTA