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        Case ID :

        2014 (7) TMI 938 - HC - Indian Laws

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        Stay application granted for Customs employees; transferred staff in Dibrugarh & Guwahati to remain until next hearing. The High Court disposed of the stay vacation application in Misc. Case No. 66 of 2014, allowing locally transferred employees within the Customs, Central ...
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.

                                Stay application granted for Customs employees; transferred staff in Dibrugarh & Guwahati to remain until next hearing.

                                The High Court disposed of the stay vacation application in Misc. Case No. 66 of 2014, allowing locally transferred employees within the Customs, Central Excise, and Service Tax Department to continue without interference. However, it specified that the 6 employees transferred to Dibrugarh and Guwahati should not be relieved until the next listing date of the writ petition, provided they had not already been relieved.




                                Issues:
                                Vacation of interim order passed by the High Court staying the operation of the impugned award of the Central Administrative Tribunal regarding transfer orders challenged by the employees of the Customs and Central Excise & Service Tax Department.

                                Analysis:
                                The applicants, who are employees of the Customs and Central Excise & Service Tax Department, challenged their transfer orders before the Central Administrative Tribunal (C.A.T.), Guwahati. The Tribunal, without hearing the department's version, directed the department to review the transfer orders in light of the transfer guidelines issued in 2006. The applicants sought vacation of the interim order passed by the High Court staying the operation of the Tribunal's award, claiming that the department was implementing the challenged transfer orders.

                                The respondents argued that most employees in the transfer list were locally transferred within Shillong, moving between different formations of the same department. They contended that only 6 out of 28 employees were transferred between different locations. After considering the arguments from both sides, the High Court disposed of the stay vacation application. The Court observed that locally transferred employees within the Customs, Central Excise, and Service Tax Department would not be affected by the order. However, it specified that the 6 employees transferred to Dibrugarh and Guwahati should not be relieved until the next listing date of the writ petition, provided they had not already been relieved.

                                In conclusion, the High Court's decision in Misc. Case No. 66 of 2014 disposed of the stay vacation application, allowing locally transferred employees to continue without interference while preventing the relief of the 6 employees transferred to Dibrugarh and Guwahati until the next listing date of the writ petition, if not already relieved.
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