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Judgment
Per: Mr. K.V. Eapen, Administrative Member
The applicant has filed the O.A seeking the following relief:-
“i)to issue appropriate order or direction to the 2 respondent to implement of Annexure A-3 in letter and spirit and permit the applicant to join the station to which they stand transferred to as per Annexure A-3.
ii) Grant such other reliefs as this Hon'ble Court may deem fit, just and proper in the facts and circumstances of the case.
iii) Award to the applicant the costs of these proceedings.”
The applicant who is presently working as Leading Fireman in Ezhimala has approached this Tribunal being aggrieved by the failure of the respondents to implement Annexure A-4 transfer orders issued to him transferring him to the unit at Ernakulam. The applicant entered service of the 2nd respondent in 2007 and was promoted in 2020 as Leading Fireman and posted in INS Zamorin, which is a remote unit. The applicant submits that he is entitled to be transferred after one year in the remote unit as per Annexure A-2 transfer guidelines. Accordingly, after 4 years in INS Zamorin, the applicant was issued with Annexure A-3 order of transfer. However, even after 4 weeks of issuance of transfer order, the applicant is still continuing in INS Zamorin. Aggrieved by this, the applicant has filed the present O.A.
Mr. Rathish H, ACGSC takes notice on behalf of the respondents.
The matter relates to the relieving of the applicant from INS Zamorin, Ezhimala to be posted in INS Venduruthy, Kochi as per Annexure A-3 transfer order. It is seen that though the transfer order has been issued on 22.06.2022, the respondents have not yet relieved him to join at the new place of posting in spite of the fact that more than a month's time has since been elapsed. In such matters, it appears that the issue only relates to administrative action to be performed by the respondents and there are no substantive issue of law to be considered. Thus, the Tribunal finds that the matter can be disposed of by directing the respondents to consider the representation of the applicant at Annexure A-4 for issuing relieving orders in this matter. The respondents are accordingly directed to consider the representation at Annexure A-4 and take necessary steps in this regard within a period of three weeks from the date of issue of this order.
The O.A is disposed of as above at the admission stage itself. No order as to costs.
Applicant's Annexures
Annexure A-1 - True copy of the Order issued by the 2 respondent on 01.06.2020.
Annexure A-2 - True copy of the transfer guidelines.
Annexure A-3 - True copy of the transfer order of the applicant dated 22.06.2022.
Annexure A-4 - True copy of the representation submitted by the applicant on 24.07.2022.
Annexures of Respondents
NIL