Central Administrative Tribunal
Pawan Kumar vs M/O LABOUR AND EMPLOYMENT on 13 November 2026
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CENTRAL ADMINISTRATIVE TRIBUNAL AHMEDABAD Order Sheet Item no.: 1 O.A./578/2026 (AHMEDABAD) [ TRANSFER ] Court No.: 1 No of Adjournment: Order Dated: 13/11/2026 PAWAN KUMAR Vs M/O LABOUR AND EMPLOYMENT
For Applicant(s) Advocate : ALPHUS ROCKEY
For Respondent(s) Advocate : Order of The Tribunal
Heard Mr. Alphus Rockey, learned counsel for the applicant.
2. Being aggrieved with the Relieving Order dated 04.11.2026 (Annexure A/1) whereby the applicant has been relieved to join the Regional Office, Rajkot on administrative ground with immediate effect, he has filed the present OA under Section 19 of the Administrative Tribunals Act, 1985 seeking the relief as prayed for in para 8 & 9 of the OA.
3. Learned counsel for the applicant submits that the applicant was working as Senior Social Security Assistant in the Regional Office of EPFO at Vadodara. A complaint has been made against the applicant on account of which, he has been transferred from Regional Office, Vadodara to Regional Office, Rajkot. He further submits that even though the applicant has been relieved vide order dated 04.11.2026, he has not yet joined the transferred place, but has applied for leave. He further submits that thought the transfer order has been issued on administrative ground, it has been done on account of departmental proceedings on account of complaint before the ICC Committee.
4. Learned counsel for the applicant placed relied upon the judgment passed by the Hon’ble Apex Court in case of (i) Somesh Tiwari V/s. Union of India & Ors., reported in 2009 (2) SCC 592 and the judgment passed by the Hon’ble High Court of Gujarat in (ii) SCA No.3346/2023 in case of Geetaben Chanubhai Patel v/s. State of Gujarat, reported in 2023 (0) JX (Guj) 948 and prays to grant interim relief in favour of the applicant.
5. Learned counsel for the applicant submits that he has served an advance copy of the OA to the respondents department.
6. On receipt of the advance copy of the OA, proxy counsel Mr.Jignesh Modi for Mr.A.V.Nair learned counsel for EPFO appears on behalf of the respondents. He has placed the order dated 29.10.2026 transferring the applicant on administrative ground with immediate effect.
7. It appears that the applicant has been relieved vide order dated 04.11.2026 (Annexure A/1) on administrative ground, but has not joined the transferred place and applied for leave.
8. Considering the submissions of the learned counsel for both the parties and on perusal of the material on record, issue notice on the OA as well as on Interim relief, returnable by 26.11.2026. In the meantime, the respondents are directed to consider the leave application of the applicant and not to take further coercive action till the next date of hearing.
9. Respondents are directed to file their reply by the next date of hearing.
10. List the matter on 26.11.2026.
11. Direct service to the respondent No.3, 4 & 5 is permitted. The applicant is at liberty to serve the respondent Nos. 1 & 2 through speed post.
Sanjiv Kumar Member (A) Nilesh Khambhati ( ps )