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Judgment
V.K. Bist, J.—Learned Counsel for the petitioner filed a supplementary affidavit alongwith Interim Relief application. Same is taken on record.
On 23.09.2010, this Court granted ten days time to the respondents to file counter affidavit, but no counter affidavit has been filed.
By means of this writ petition, the petitioner has challenged the transfer order dated 14.06.2010 passed by the Chief Engineer, Head Quarter Central Command, Lucknow, whereby, the petitioner has been transferred from Garrison Engineer, Dehradun to Garrison Engineer (W) Agra, as well as the order dated 21st August, 2010, by which the representation moved by the petitioner has been rejected.
Learned Counsel for the petitioner drew my attention to the guidelines issued by the respondents in respect of Group ''C'' & ''D'' posts of Military Engineering Service. Paragraph 36 Sub para (a) of the said guidelines provides that transfer of Grade ''C'' & ''D'' post would be made to maintain the manning level of subordinates in the Command. Sub para (c) of this paragraph provides that the list of affected staff due for posting with tentative station wise posts, to be circulated by December each year for giving their choice station. Sub para (d) of this paragraph further provides that the preference will be given to volunteers and newly recruited employees including Ex-Servicemen and those recruited under DCRE by EIA should be posted to stations having more deficiency. Learned Counsel for the petitioner submitted that the respondents, in violation of the guidelines have transferred the petitioner from Dehradun to Agra.
Shri V.B.S. Negi, learned Assistant Solicitor General for the Union of India submitted that the petitioner himself did not give any choice station and due to this reason his case was considered in absence of choice and he has been transferred to Agra.
In view of the aforesaid facts and circumstances and also in view of fact that despite giving opportunity no counter affidavit has been filed, it is directed that till next date of listing movement order dated 10th September, 2010 issued by Garrison Engineer, Dehradun shall remain in abeyance.
List this petition on 26.10.2010. By that time respondents may file counter affidavit.
Interim relief application dated 4th October, 2010, stands disposed of.