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Judgment
Hon’ble Mr. R.N. Singh, Member (J):
The applicant has approached this Tribunal by way of the present OA filed under Section 19 of Administrative Tribunals Act, 1985, praying therein for the following reliefs:-
(i)declare the action of the respondents in not considering the case of the Applicant for posting back to his original place of posting i.e. NGMA Delhi not only on the basis of the assurances held out to him but also on humanitarian grounds as illegal and arbitrary.
(ii)Direct the respondents to consider the case of the Applicant for posting to Delhi on urgent basis due to the extremely compassionate situation the applicant is presently in.
(iii)Any other relief which this Hon’ble Tribunal may be pleased to issue.”
Learned counsel for the applicant argues that the applicant is an employee of National Gallery of Modern Art, a subordinate office of Ministry of Culture, Government of India and is aggrieved by the undue delay in considering his representation for his posting in New Delhi from where he was transferred to Mumbai for six months.
The applicant applied for the post of Security Officer against a vacancy in Delhi and though appointed on the said post in Delhi, he was sent to Mumbai for a period of six months. However, in spite of assurance from the respondents and vacancy being available, his representations dated 31.12.2020 and 13.07.2020 (Annexure A-1 Colly) have not been considered.
Issue notice. Sh. Vijendra Singh, learned counsel who appears for the respondents on advance service, accepts notice.
Learned counsel for the applicant submits that the applicant shall be satisfied if the present OA is disposed of at this very stage with direction to the respondents to consider and dispose of the aforesaid representations in a time bound manner.
In view of the facts and circumstances of the present case, we are of considered the view that if such request on behalf of the applicant is accepted, no prejudice is likely to be caused to the respondents.
In view of the aforesaid, without going into the merits, the present OA is disposed of with direction to the respondents to consider the applicant’s aforesaid pending representations dated 31.12.2020 and 13.07.2021 (Annexure A-1 colly) and dispose of the same by passing a reasoned and speaking order as expeditiously as possible and preferably within a period of six weeks from the date of receipt of a copy of this order.
OA is disposed of in the aforesaid terms. There shall be no order as to costs.