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Judgment
Per: Mr. Anindo Majumdar, Administrative Member.
This matter is taken up by the Single Bench for disposal in accordance with the order of the Hon’ble Chairman, CAT dated 10/09/2021 issued under Sub-Section (6) of Section 5 of the Administrative Tribunals Act, 1985, and since no complicated question of law is involved.
The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act 1985, praying for the following relief(s):-
“a) To quash and set aside the impugned transfer order dated 10.09.2026, passed by the respondent authority and not to give any effect to the relieving order dated 12.09.2026 till the disposal of this Original Application.
(b)Direction upon the respondents to release the salary on monthly basis.
(c)Direction upon the respondents as to not take any coercive action due to non-joining to the transferred place.
(d)Production or records in the instant case before this Hon’ble Tribunal.
(e)Pass such further order or orders as this Hon’ble Tribunal may deem fit and proper.
(f) Any other or further order or orders as this Hon’ble Tribunal may deem fit and proper”.
Ld. Counsel for both sides are present and heard.
Mr. A.K. Gupta, Ld. Counsel appears on behalf of the respondents and files his memo of appearance which is taken on record.
Ld. Counsel for the applicant submits that in this case, the applicant had submitted a representation dated 10.09.2026 praying for his re-consideration for his transfer order to Tirunelveli, Tamil Nadu.
Ld. Counsel for the applicant further submits that the son of the applicant is scheduled to appear for the Class-12th Examination under the West Bengal Council of Higher Secondary Education and some other competitive examinations in March-April, 2027. He, therefore, prays for an interim protection for the applicant.
Ld. Counsel for the respondents vehemently opposes for grant of any interim protection as prayed by Ld. Counsel for the applicant and submits that the transfer is an incident of service and every employee is required to comply with the orders issued by the authorities.
I am, therefore, of the opinion that the transfer of the applicant ought not to affect the performance of his son in the Class-12th Examination which is a very vital examination in the career of any person.
Keeping the above facts, I direct the respondents to keep the impugned transfer order dated 10.09.2026 and the relieving order dated 12.09.2026 in abeyance till 31st March, 2027.
Ld. Counsel for both the parties are at liberty to convey the gist of the order to the respondent authorities.
With these directions, the Original Application is disposed of without any order as to costs.