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Judgment
P.Madhavan, Judicial Member This Original Application has been filed by the applicant seeking the following reliefs:
"(i)To set aside the Annexure A1 order;
(ii)To direct the respondents to permit the applicant to continue at the Regional Office, Dattopant Thengadi National Board for Workers Education & Development, Kozhikode;
(iii)To direct the respondents to provide a convenient and suitable posting to the applicant taking in to account of the applicant's health conditions and other constraints;
(iv)To declare that the inter-state transfer orders during the covid-19 pandemic situation is inhuman and impermissible
(v)To grant such other reliefs as may be prayed for and the court may deem fit to grant, and
(vi)Grant the costs of this Original Application."
The brief facts of the case are as follows: The applicant is aggrieved by the transfer order dated 20.08.2021 through which the applicant has been transferred to Hubli, in Northern Karnataka from Kozhikode, Kerala. Hence the applicant has approached this Tribunal praying for the above reliefs.
When the matter came up for consideration, counsel for the applicant submits that a representation has been filed before the Competent Authority for modification of the transfer. According the him, there is excess vacancies in the Regional Offices at Mangalore, Kochi and Coimbatore and the applicant may be considered for the above vacancies.
In view of the above submissions, it appears that representation Annexure A5 is pending before the Competent Authority. We deem it appropriate to direct the Competent Authority to consider Annexure A-5 representation in the light of relevant rules, regulations and vacancies that are existing on the day and pass a speaking order within a period of two months from the date of receipt of a copy of this order.
Status quo, as on date, shall be maintained till the disposal of the representation of the applicant.
The O.A is disposed of as above. No costs.
List of Annexures
Annexure A1- A true copy of the transfer order dated 20.08.2021 issued by the 2 nd respondent.
Annexure A2- A true copy of the Out Patient record issued by the Badakara Sahakarana Asupathri dated 12.08.2021.
Annexure A3- A true copy of the Discharge summary dated 16.10.2020 issued by the E-Narayanan Memorial Cardio-Neuro Interventional Centre, Tellicherry. Annexure A4- A true copy of the representation dated 23.02.2021 made by the Association of the Class III& Class IV CBWE Employees before the 2nd respondent. Annexure A5- A true copy the representation dated 03.09.2021 made by the petitioner before the Director General DTNBWE&D.