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Judgment
Pratima K. Guppta, Member (J)
Presently, the applicant is working as Fire Engine Driver (FED) with the respondents. He is aggrieved by a transfer order dated 27.05.2023 (Annexure A/1), whereby he has been transferred from VSD Delhi cantt to 36 FAD, Bhatinda. Being aggrieved, the applicant has preferred the instant O.A. and prayed for the following relief(s)):
“(a) Directing the respondents to place the relevant records pertaining to the present O.A. before the Tribunal for the proper adjudication in the interest of justice.
(b) Quash and setting aside the impugned orders dt. 27.05.23 (Annexure A/1) transferring the applicant deliberately, biased, perverse, discriminatory and in arbitrary manner contrary to the provisions of Record Office Instructions dt. 10.05.22 even without asking and considering the choice/options of the applicant for posting/transfer within 50 Km distances from the present place of posting (as sought by other Fire Fighting Staff) earlier to issuance of the aforesaid transfer order,
(c) Directing the respondents to issue orders in terms of provisions stipulated under Record Office Instructions dt. 10.05.22 that has been made after detailed deliberation on the subject.
(d) Allowing the O.A. of the applicants with all other consequential benefits and costs.
(e) Any other fit and proper relief may also be granted.”
While issuing notice on 03.11.2023, the status quo with respect to transfer was directed to be maintained. As a consequence, the applicant continued in Delhi in terms of the interim protection. In support of the claim of the applicant, learned counsel for the applicant draws our attention to Clause 11 (k), posting on compassionate grounds, of the transfer policy dated 10.05.2022 (Annexure A/5). Learned counsel for the applicant submits that the applicant preferred a representation dated 24.07.2023 (Annexure A/15) seeking cancellation of posting on compassionate grounds. However, the same has not been considered.
Learned counsel for the respondents vehemently opposes the O.A. He submits that as an all India liability to serve and in light of the fact that the applicant has continued in the present place of posting for substantial years, he is obliged to accept the said transfer. He further submits that the order dated 27.05.2023 itself confirmed that there are more than 100 officers who have been transferred to different places to meet the administrative exigencies and the applicant is one of them.
At this stage, learned counsel for the applicant submits that the applicant would be satisfied if a direction is to be given to the respondents to dispose of the pending representation of the applicant dated 24.07.2023 (Annexure A/15 (coolly)) by passing a reasoned and speaking order within a time bound manner.
In view of the limited prayer made by the learned counsel for the applicants, without going into the merits of the case, the respondents are directed to dispose of the pending representation of the applicant dated 24.07.2023 (Annexure A/15 (colly)) by passing a reasoned and speaking order, in accordance with law, within a period of two weeks from today. Till the representation is decided, the interim direction, issued on 03.11.2023 remains in operation. It is also made clear that I have not entered into the merits of the case.
The O.A. is disposed of with the aforesaid direction at the admission stage. Pending applications, if any, shall also stand disposed of. No costs.