AI Structured Summary
Not yet generated for this judgment
Judgment
M.A. No. 5407/2026 (Exemption) is allowed subject to just exceptions.
In the present Original Application filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant seeks the following reliefs:
“(i)To quash and set aside impugned order No. C/30891/T-POS/CA-CIV EST dated 14.08.2026 (Annexure A-1) issued by the respondents mechanical, arbitrary, unjust, discriminatory and without application of mind and violative of their own guidelines / policy.
(ii)To declare the impugned order dated 14.08.2026 (A-1) as unjustified, arbitrary, mechanical, discriminatory, without application of mind and violative of policy on the subject issued by the respondents.
(iii)To allow the O.A. with costs.
(iv)To pass any other further orders as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case.”
Learned counsel for the applicant submits that the applicant is aggrieved by the impugned posting/transfer order dated 14.08.2026, whereby he has been transferred from Central Aviation Support Depot (CASD), Delhi, to 41 FD AMN Depot, PIN 909741, Leh, in a High Altitude Area (HAA). He presses for urgent interim relief. He further submits that the representation dated 21.08.2026 (Annexure A-3) is still pending consideration before the respondents. He submits that the applicant would be satisfied if a direction is issued to the respondents to dispose of the aforesaid representation by passing a reasoned and speaking order within a prescribed time frame.
Issue notice. Mr. R.S. Rana, learned counsel, appears and accepts notice on behalf of the respondents. Learned counsel for the respondents submits that transfer is an incidence of service and the applicant cannot claim any vested right to remain posted at a particular place. He, therefore, opposes the interim relief sought by the applicant.
Learned counsel for the applicant, in response, submits that the applicant has already submitted a representation dated 21.08.2026 (Annexure A-3) against the impugned transfer order, which is pending consideration before the competent authority. He further draws attention to letter No. C/11691/Pos/P/50/Civ-Estt dated 29.08.2026 (page 97), whereby the Commandant, CASD, Delhi (respondent No. 5), forwarded the applicant's representation through the proper channel to the higher authorities for cancellation/reconsideration of the transfer order posting the applicant to Leh, a High Altitude Area (HAA).
In view of the limited prayer made, without entering into the merits of the case, the present OA is disposed of with a direction to the respondents to consider and decide the aforesaid representation dated 21.08.2026 by passing a reasoned and speaking order, strictly in accordance with law, within a period of thirty days from the date of receipt of a certified copy of this order. A copy of the speaking order so passed shall be provided to the applicant.
Till the disposal of the pending representation, no relieving order in respect of the applicant shall be issued by the respondents.
The OA is disposed of in the aforesaid terms, without going into the merits of the case, at the admission stage itself. Pending MAs, if any, shall also stand disposed of accordingly. No order as to costs.