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Judgment
Hon’ble Ajay Pratap Singh, Member (Judicial)
Heard the parties.
The applicant is working as Postal Assistant and has invoked jurisdiction of this Tribunal under Section 19 of the Administrative Tribunal Act, 1985, seeking quashment of transfer order dated 07.07.2026(Annexure A-5).
Learned counsel for the applicant contended that the applicant is suffering from 75 % Locomotor Disability and being aggrieved by transfer order dated 07.07.2026 (Annexure A-5) qua the applicant filed a representation dated 09.07.2026 (Annexure A-6). He fairly submits that the transfer order dated 07.07.2026 (Annexure A-5) has been executed and the applicant has joined the new place of posting.
Learned counsel appearing for the applicant, after arguing for some time submits that the applicant would be satisfied if direction is issued to competent authority amongst the respondents to consider and decide the pending representation dated 09.07.2026 (Annexure A-6) in light of para 5 (i) of Guidelines for Transfer dated 17.01.2019 and DoPT OM dated 31.03.2014 on the subject for providing certain facilities in respect of persons with disability who are already employed in Government for efficient performance of their duties.
Mr. T.C. Aggarwal, the learned counsel appearing for the respondents on advance service fairly submits that the pending representation dated 09.07.2026 (Annexure A-6) shall be considered and decided in accordance with the Guidelines for Transfer dated 17.01.2019 and DoPT OM dated 31.03.2014 in a time bound manner.
Heard with consent. We have considered the matter. In view of above submissions and without expressing any opinion on merits of the case.
We deem it just and proper that principles of natural justice would be met and hereby direct the competent authority/respondent No. 02 to consider and decide the pending representation dated 09.07.2026 (Annexure A-6) by passing a reasoned and speaking order in light of Guidelines for Transfer dated 17.01.2019 and DoPT OM dated 31.03.2014 within a period of three weeks from the date of receipt of a certified copy of the order passed today and communicate the same to the applicant at earliest possible date.
If the decision does not come in favour of the applicant, the applicant is set at liberty to approach again in accordance with law.
In view whereof, present O.A. stands disposed of at admission stage itself in above indicated terms.
Pending MA(s), if any, shall also stand disposed of.
There shall be no order as to costs.