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Judgment
By this OA, the applicant has sought the following relief:
“......to direct the 1st Respondent to consider and dispose of the Applicant's pending representation dated 03.07.2026 submitted against the Transfer Order No. 102/43/ADM/DE(25)/Tech/2026/A (FMS:83766) dated 22.05.2026, by passing a reasoned and speaking order, taking into consideration the Applicant's status as the sole primary caregiver of his father having 63% benchmark locomotor disability certified under the Rights of Persons with Disabilities Act, 2016, the DoPT Office Memorandum No. 42011/3/2014-Estt.(Res) dated 08.10.2018, the DGDE Transfer Instructions dated 25.11.2005, and the humanitarian circumstances pleaded by the Applicant and consequently direct the Respondents not to relieve the Applicant from his present place of posting at Secunderabad and not to insist upon his joining at Srinagar, until further orders of this Hon'ble Tribunal and to pass such other and further orders as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case, in the interest of justice.”
When the matter is taken up for hearing, Shri. Manoj Kumar Mishra, learned counsel for the applicant, states that the applicant was relieved on 16.07.2026, ignoring his representation, dt. 03.07.2026. Smt. B. Gayatri Varma, learned counsel for the respondents opposes the relief sought and states that the representation of the applicant, against his transfer, vide order, dt. 22.05.2026, has already been disposed of. She has drawn our attention to para 15 of the reply statement, in this regard. Learned counsel for the applicant states that the order, dt. 09.07.2026 (Annexure-A4), does not refer to his pending representation, dt. 03.07.2026. Thus, his representation, dt. 03.07.2026, is still pending on the file of the respondents. He has furnished certain documents in support of his contention. According to the counsel for the applicant, the applicant has joined the new station of posting at Srinagar, under protest, on 31.07.2026. As per his information, the post vacated by the applicant at Secunderabad has still not been filled up. Thus, the post that he has vacated at the office of the DEO, Secunderabad (Respondent No.3), is still vacant.
Under the circumstances, it appears reasonable to consider the limited relief sought by way of consideration and disposal of the applicant’s pending representation, dt. 03.07.2026. Therefore, it is directed that the concerned officials may process the applicant’s pending representation, dt. 03.07.2026, and the competent officer among the respondents may dispose it of by passing a reasoned and speaking order, within the next four weeks from the date of receipt of a copy of the order. All the submissions made in the OA may be read as part and parcel of the pending representation. It is made clear that we have not gone into the merits of the case.
Accordingly, the OA is disposed of. No order as to costs.