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Judgment
O R D E R
By Hon’ble Mr. Justice Om Prakash-VII, Member (J)
This O.A. has been filed by the applicant for quashing the impugned order SD Posting 2023 dated 15.4.2023 relating to the applicant only and for direction to the respondent No. 4 /competent authority to produce copy of the satisfaction level calculated based on New Posting Policy dated 28.4.2022 through the BOO (Board of Officer) before the Hon’ble Court for proper and just disposal of the matter.
The applicant is presently posted as Senior Administrative Assistant (SAA) in the office of Commander Works Engineer (Air Force) Bamrauli, Prayagraj. Respondents issued a tentative list on 24.3.2023 for adjustment of Surplus/Deficiency Posting 2023 of Group B (NG) and C employees of MES. The respondent No. 4 has calculated the command satisfaction level vide letter dated 24.3.2023 and in the said letter Clause ‘J’ pertain to Senior Administrative Assistant (SAA) and it is only 56.82 % .The aforesaid satisfaction level calculated based on provisional policy dated 18.2.2019 by virtue of new policy dated 28.4.2022. Against the aforesaid tentative posting order/list dated 24.3.2023, applicant submitted a detailed representation dated 5.4.2023 through proper channel because the Enginer-in-Chief’s Branch, New Delhi had issued a latest Policy/guidelines on 284.222 for different type of posting /transfer of personnel from one place to another. Thereafter, vide order dated 15.4.2023, applicant has been transferred from CWE (AF) Bamrauli to GE (AF) Adm Area), Gwalior.
Learned counsel for applicant has prayed for staying the SD Posting order 2023 dated 15.4.203 on the ground that daughter of the applicant is studying in Allahabad and applicant is suffering from health problem. Husband of the applicant has expired and mother of the applicant aged about 70 years is also residing with the applicant whose treatment is going on in Allahabad. It is further stated that para 6 of letter dated 18.2.2019 issued by Director General (Personnel), Chief Engineer, New Delhi provides that “Female employee will not be posted to long distance statin/complex more than 80 km from their existing station/complex to the extent possible. However, if no station/ complex is located within 80 Km they may be posted out only in cases of critical surplus in the station. In that case they will have the privilege of exercising three choice for posting out. After completion of tenure at new complex, they will be asked three choice for posting.”
Learned counsel for respondents has stated that he has no instruction in the matter and seeks time to file counter reply.
Heard the learned counsel for the parties and perused the record.
Applicant has already submitted a representation dated 5.4.2023 requesting for cancellation of her name from the warning list which is still pending for disposal. Therefore, no fruitful purpose will be served in keeping this O.A. pending and the O.A. can be disposed off with direction to the respondents to decide the pending representation of the applicant by passing a reasoned and speaking order within a stipulated period of time and if the representation said to have been moved by the applicant is not available with the respondents, the present O.A. itself be treated as representation of the applicant and be decided as per rules.
Accordingly, O.A. is disposed off with direction to the respondents to decide the representation of the applicant dated 5.4.2023 or treat this O.A. as representation of the applicant and decide the same as per rules, by passing a reasoned and speaking order within a period of two weeks and decision so taken shall be communicated to the applicant. It is further directed that till the disposal of the representation of the applicant, effect and operation of the impugned order dated 15.4.2023 in respect of applicant only shall be stayed.
There shall be no order as to costs.
All MAs pending in this O.A. also stand disposed off.