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Judgment
K.V. Eapen, Administrative Member
This Original Application has been filed by the applicant seeking the following reliefs:
“(i)Call for records relating to Annexure A4 request duly forwarded to 1st respondent by 3rd respondent as per Annexure A5 and direct respondents 1 and 2 to favourable consideration the inter-state deputation of the applicant in a time bound manner, taking note of the no objection issued by the concerned State of Kerala and Tamil Nadu.
(ii)Grant such other reliefs as this Hon'ble Tribunal may deem fit, just and proper in the facts and circumstances of the case.”
The brief facts of the case are as follows: It is submitted by the applicant that he joined the Indian Forest Service (IFS) in 2012 and is presently working as Deputy Conservator of Forests & Wildlife Warden, Wayanad Wildlife Division in Kerala. His wife is working as District Forest Officer, Theni Forest Division, Tamil Nadu. They have a 4 year old baby and are looking after applicant's aged mother. The applicant submits that he applied for an inter-state deputation request to Tamil Nadu as per Annexure A4 addressed to the 1st Respondent, Secretary to Government of India, Ministry of Environment and Forests. The Government of Kerala recommended the same and gave the consent, similarly the Government of Tamil Nadu expressed its 'No objection' as per Annexure A8 to the 1st Respondent. Even after getting consent from both the State Governments, the respondents at serial no. 1 & 4 have not considered his case and passed necessary orders allowing the Inter-State Deputation. Aggrieved, the applicant has approached this Tribunal.
When the matter came up for consideration before this Tribunal today, it is seen that the representation filed by the applicant at Annexure A4 for inter-state deputation to Tamil Nadu from Kerala in the Indian Forest Service is still pending for a reply/decision at the level of the 1st respondent, Secretary to Government of India, Ministry of Environment and Forests. It is seen that no orders have been passed in the matter in spite of the clearance given by State Governments of Kerala and Tamil Nadu to the inter-state deputation.
In view of the above facts and circumstances, the respondents at serial no.1 and 2 are directed to consider the representation at Annexure A4 in the light of relevant rules, regulations and guidelines for such inter-state deputation for IFS officers, taking into consideration the fact that the State Governments of Kerala and Tamil Nadu have also cleared the applicant for the said inter-state deputation. They should pass necessary orders in the matter within a period of two months from the date of issue of this order.
The Original Application is disposed of as above at the admission stage itself. No costs.
List of Annexures
Annexure A1- True copy of order No. 17012/02/2012-IFS II dated 21.08.2012 of 1 respondent.
Annexure A2- True copy of Office Order No. 962/2014-NFA/70-21(2012-14) of Director, IGNFA dated 01.09.2014.
Annexure A3- True copy of G.O. (Rt) No.358/2021/GAD dated 25.01.2021.
Annexure A4- True copy of request letter No. NB-Per-2/2020 dated 05.01.2021.
Annexure A5- True copy of forwarding letter No.AIS-C1/178/2020-GAD dated 12.04.2021.
Annexure A6- True copy of letter No.17016/08/2021/IFS-I dated 20.04.2021 of 1 respondent.
Annexure A7- True copy of letter No.7256/Fr.Spl.A/2020-2 dated 26.07.2021.
Annexure A8- True copy of O.M. No. 13017/16/2003-AIS(I) dated 08.11.2004 of 2 respondent.
Annexure A9- Downloaded consolidated guidelines of O.M F. No. 28034/9/2009 Estt.(A) dated 30.09.2009 of 2 respondent.
