Thursday, 5 April 2018

JWM TRANSFER LETTER




No.  NDGBGOA (CE)/TRANSFER/32/2018                 Date:- 28-03-2018


To
The Hon’ble DGOF/Chairman
Ordnance Factory Board
10-A, S.K. Bose Road
Kolkata – 700 001.

                Sub:  Implementation of   “Inter Factory transfer orders” – regarding.
Respected Sir,      
       As per the directives of the NDGBGOA Central Executive, the undersigned would like to submit the following few lines for your consideration and immediate action please.
        OFB has framed a ‘new inter factory Transfer Policy’ for Group-B Gazetted Officers i.e. JWM and PS etc.  During the joint meeting held with the then DGOF/Chairman and JS (P&C)/Ministry of Defence, they assured that as per the merit wise JWM’s inter factory transfer requests will be considered .
          Recently OFB had ordered huge number of JWM’s from OFMK to different factories. The under transfer JWM cases are falling in different categories as shown below.
a.    The Children are studying higher studies like Inter/Degree etc – Some are requested for retention till end of the academic year.
b.    The parents are seriously ill – requested for retention or one year extension etc.
c.    Spouse cases: Husband is working in Ordnance Factories and wife is working in state Govt. vice versa or both are working in O.F’s – requested for retention in the same station (as per the DOP&T issued guidelines for retention in the same station and time to time orders were issued and circulated).
d.   Self sick, the individual went on kidney transplantation and heart operations etc. – Requested for retention.
                                                                                                            Cont….2/-
                                                                -2-
e.    Requested for change of station – due to family/self health conditions requested for change of station.
       
f.     Pending Legal cases in the Hon’ble Court against the individual – Requested for retention for attending the Hon’ble Court time to time.
          The OFB had rejected all the above cases without going case by case. Our country is welfare State/democratic State and no unilateral decisions may be implemented without proper justification. Our constitution granted Fundamental Rights and no discrimination is allowed and everyone is equal before the Law of the Land.
          It can be observed that while implementing the other cadre transfers utmost care is taken for posting of choice/nearby station and several transfer orders are kept in abeyance and also changed the requested station and some orders were cancelled.
          It is humbly submit that respected DGOF/Chairman can interfere personally and instruct the concerned authorities that the same rule/procedure is to be adopted in respect of JWM inter factory transfer cases also.
          While disposing of the individual representations case by case to be studied and genuine cases proper justification to be done. It is a settled Law that “justice cannot be denied in the name of race, caste, creed and gender etc”.
          Hence I request the Chairman/DGOF to instruct the concerned authorities to reconcile all the representations of each individual on merits and case by case to be disposed. The genuine cases proper justification is to be done by extending the stay period or retention at factory or change of station please. Till such time all the   transfer orders should be kept in abeyance please.
Thanking You.
                                                                              Yours faithfully.

                                                                                   -Sd-
                                                                           (JAI GOPAL SINGH)                                                                           General Secretary/NDGBGOA
Copy to:
1.   The Jt. Secretary (P&C), Ministry Of Defence, New Delhi: For kind information
                                                                                    please.
      2. The Member/Per, O.F. Board, Kolkata: - For information and n/a please.
      3. The General Secretary/CDRA, New Delhi :- For information and n/a please.











No.  NDGBGOA (CE)/TRANSFER/32/2014-05                              Date:- 26-3-2018
(FAX-033- 22488454, Ph: 22482452)

To
The Hon’ble Chairman
Ordnance Factory Board
10-A, S.K.Bose Road
Kolkata – 700 001.

                Sub:  “Inter Factory transfer orders”  on compassionate grounds– regarding.
                Ref: (1) OFB Transfer Policy for JWM-60/PER/NG/ 2017-18 Dated: 05th
                         June2017.
                        (2) JTR- 60 / SCM/ JULY per/ NG /2Ol7-18 dated 24.10.2017.
                        (3) No. JTR- 60/ SC (Jan-18)/ Per/ NG dated : 06.03.2018.
                                                       xxxxxxxxxxxx

Respected Sir,
         
          As per the directives of the Central Executive, the undersigned would like to submit the following few lines for your consideration and immediate action please.
         OFB has framed a’ new inter factory Transfer Policy’ for Group-B Gazetted Officers i.e. JWM and PS etc.  During the joint meeting held with the then DGOF/Chairman and JS (P&C)/Ministry of Defence, they assured that as per the merit wise JWM’s inter factory transfer requests will  be considered .
                    While disposing of the individual representations by OFB a common order was passed against letter no. JTR- 60/SCM/JULY 2017/Per/ NG /2Ol7-18 dated 24.10.2017 and No.JTR-60/SC(Jan-18)/Per/NG dated : 06.03.2018 mentioned that “2.2. (iii) The transfer on completion of tenure as referred 2.2(i) & 2.2 (ii) will be considered except for the officers who one required to be retained in the factory on extreme functional requirement for which Sr.GM/GM/HOUs has to justify the retention functionally”.

                    While considering the compassionate transfers by the standing committee the point No. 2.3 of the transfer policy (ref 1) will play the vital role and not 2.2 (iii).
 But OFB letter ref (2) total 166 compassionate transfer requests and ref (3) total 80 compassionate transfer requests were rejected and justified that “the applications that were considered by the Standing Committee  but not recommended for transfer, stands disposed of as per the subject transfer policy”.

      It seems that OFB had playing with the life’s of JWMs, while disposing of the applications case by case to be studied. As per the transfer policy the points system will play a pivotal role and it is also very critical to attain the eligibility points. But without considering rejection of total compassionate transfer applications is arbitrary, violation of fundamental rights and excess jurisdiction of powers. The executive while using the Administrative powers (like disposing of any representations received) utmost care to be taken and justice to be done to the individual. As per the Law of the Land “a justice delayed is a justice denied”. 

                     At the flag end of service and after serving in hard stations for more that requisite period as per the transfer policy and in few cases they spent more than 25 years and simply rejecting the applications is not justified.
         
                It is also a known fact that the compassionate transfers do not involve any financial implications to the Government. Since, the individuals have to move on their own expenses and on their own leave to their new stations these transfers do not interfere with the recent economic measures announced by Govt. of India also.
                Hence, it is requested to clear the pending transfer cases on compassionate grounds as agreed by OFB, which will no way obstruct the OFB published new transfer policy please.
                                                                                       Yours faithfully,
                                                                                           -Sd-
                                                                         (JAI GOPAL SINGH)                                                                                        General Secretary
Copy to:
1.   Jt. Secretary (P&C), Ministry Of Defence, New Delhi: For kind information please.
     2. Member/Per, O.F.Board,Kolkata:- For information and n/a please.
     3. General Secretary/CDRA,New Delhi :- For information and n/a please.