Tribunals and CommissionsDivision Bench(2022) 02 CAT CK 0366

Biju M. vs Union Of India & Ors.

Central Administrative Tribunal, Ernakulam · Decided on 10 February 2022

HON’BLE JUDGES
P. Madhavan, Judicial Member · K.V. Eapen, Administrative Member
CASE NUMBER
O.A No.180/00334/2020

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Judgment

22 paragraphs · 489 words

P.Madhavan, Judicial Member

This Original Application has been filed by the applicant seeking the following reliefs:

“(i)

To quash Annexure A5.

(ii)

To direct the respondents to permit the Applicant to continue in the present station till 31.03.2021 as per Annexure A6 guidelines and Annexure A2 norms issued by the Department.

(iii)

To direct the Respondents to accommodate the Applicant against the vacant post of PA at Kadambanad Post Office in view of Covid-19 pandemic and orders issued in Annexure A6.

(iv)

Grant such other reliefs as may be prayed for and as the court may deem fit to grant, and

(v)

Grant the cost of this Original Application.”

2.

The brief facts of the case are as follows: The applicant is working as a Postal Assistant at Kadambanad South SO. He submits that he is aggrieved by the transfer order issued by the 3rd respondent before completion of his tenure in violation of the transfer norms issued by the 1st Respondent causing serious inconvenience to the Applicant. The applicant made representation before the respondents which was not considered. Aggrieved by the above, the applicant has approached this Tribunal.

3.

When the matter came up for consideration before this Tribunal, counsel for the applicant submits that the applicant has filed an M.A 63/2022 for producing a copy of the representation which he has already given on 11.01.2022. He submits that the applicant will be satisfied if his representation will be considered in the next general transfer.

4.

Adv. Mr. Tony George Thomas, representing Adv. Mr. N. Anilkumar, Sr. PCGC, counsel for the respondents is present.

5.

In view of the limited submission made by counsel for the applicant, the competent authority among the respondents is directed to consider Annexure A7 representation in the coming general transfer in 2022 in accordance with the necessary guidelines and pass a speaking order.

6.

The Original Application is disposed of as above. No costs.

List of Annexures

Annexure A1- A true copy of the Discharge Order No. 29/05/2014 dated 30.05.2014 issued by the Sena Dak Seva Kendra, Army Postal Service Centre.

Annexure A2- A true copy of the Transfer norms issued on behalf of the 1 respondent as Memo F. No. 141-141/2013-SPB-II dated 17.01.2019.

Annexure A3- A true copy of the representation dated 04.03.2019 submitted by the Applicant before the 3 respondent.

Annexure A4- A true copy of the Order No.B/21/ROT/TFR/2019 dated 15.05.2019 issued by the 3 respondent.

Annexure A5- Order No. B/21/ROT/TFR/2019 dated 24.07.2020 issued by the 3 respondent.

Annexure A6- A true copy of the Guidelines issued as per Memo No. 12-1/2019-SBP-II (Part 1) dated 19.05.2020 on behalf of the 1 Respondent.

Annexure A7- A true copy of the Representation dated 11.01.2022 submitted by the Applicant to the 3 respondent.

Annexure R1- True copy of the said memo No. ST/5-2/CADRE REST/2019 I dated 21.01.2020 and ST/5-2/CADRE REST/2019 dated 03.07.2020.

Annexure R2- True copy of Minutes of the transfer & placement committee.