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Judgment
HON'BLE MR.P.MADHAVAN, JUDICIAL MEMBER The appliant has approached this Tribunal praying for the following reliefs:
(i)Direct the 3rd respondent to accept the NOC of the applicant issued by the 4 th r e s p o n d e n t a n d t o i s s u e I n t e r C o m m i s s i o n e r a t e T r a n s f e r o r d e r t o T h i r u v a n a n t h a p u r a m Z o n e w i t h d i r e c t i o n t o p o s t t h e a p p l i c a n t a t Thiruvananthapuram GST Commissionerate.
(ii)Consider the pass appropriate orders on applicant's requests for Inter Commissionerate transfer at the earliest.
(iii)Pass any other appropriate order or direction as this Hon'ble Tribunal may deem fit and necessary in the circumstances of the case and thus render justice.
(iv)
The brief facts of the case are as follows: The applicant is an ex-serviceman who had served the Indian Air Force for the period from 3.3.1986 to 31.3.2006. After retirement from Indian Air Force, applicant is now re-employed as Tax Assistant in Central Excise Department. The applicant is presently working in the office of the Joint Commissioner of GST & Central Excise, Tirunelveli, Tamil Nadu. Applicant submits that he is eligible to apply for inter zonal transfer to his home State Kerala. Hence he submitted application for his transfer to Thiruvananthapuram zone. The 4th respondent had issued no-objection certificate also. As he did not get transfer, he has submitted two other representations also. He submits that there are enough vacancies in Thiruvananthapuram Zone. Aggrieved by this, applicant has approached this Tribunal praying for the above stated reliefs.
When the matter came up for consideration, counsel for the respondents appeared and objects the admission of the Original Application stating that the applicant is presently working at Tirunelveli within the jurisdiction of Chennai Bench of this Tribunal.
The counsel for the applicant submits that the applicant's representation at Annexure A-8 is pending and the applicant will be satisfied if his Annexure A-8 representation is considered and disposed of in the light of relevant rules and regulations within a time frame.
In view of the above limited submission, we hereby direct the respondents to consider Annexure A-8 representation in the light of relevant rules and regulations and pass a speaking order within three months from the date of receipt of a copy of this order. It is also made clear that we are not going to the question of jurisdiction at this stage.
The Original Application is disposed of as above at the admission stage itself. No costs.
List of Annexures
Annexure A1 - True copy of Ex-servicemen identity card of the applicant
Annexure A2 - True copy of Central Excise and Customs Department Tax Assistant (Group C Post) Recruitment Rules Annexure A3 - True copy of letter F.No.A 22015/23/2011-Ad.III.A dated 27.10.2011 Annexure A4 - True copy of representation dated 15.10.2019 Annexure A5 - True copy of letter No.C.No.II/39/285/2018-CCA (ESTT)-IT dated 17.12.2019 Annexure A6 - True copy of representation dated 27.6.2020 Annexure A7 - True copy of letter of appreciation given to the applicant Annexure A8 - True copy of representation dated 12.7.2021.
