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.