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Dewan Shahjahan Ali Ahmed v/s The Union of India, Through the Secretary, Government of India, Ministry of Human Resource Development, Department of Education, New Delhi & Others


Company & Directors' Information:- J J DEVELOPMENT PRIVATE LIMITED [Active] CIN = U50300WB1996PTC081491

Company & Directors' Information:- AHMED AND CO PRIVATE LIMITED [Strike Off] CIN = U27320DL1997PTC086861

Company & Directors' Information:- L N DEVELOPMENT LIMITED [Active] CIN = U70102ML1986PLC002590

Company & Directors' Information:- H H EDUCATION PRIVATE LIMITED [Active] CIN = U80301WB1997PTC083294

Company & Directors' Information:- K K R DEVELOPMENT PVT LTD [Active] CIN = U70101WB1981PTC034258

Company & Directors' Information:- D P S DEVELOPMENT PVT LTD [Active] CIN = U45202WB1988PTC044797

Company & Directors' Information:- DEVELOPMENT CORPN PVT LTD [Active] CIN = U13209WB1939PTC009750

Company & Directors' Information:- P. L. G. EDUCATION PRIVATE LIMITED [Active] CIN = U80300DL2007PTC171109

Company & Directors' Information:- N I D T EDUCATION PRIVATE LIMITED [Strike Off] CIN = U80301DL2002PTC117695

Company & Directors' Information:- T AHMED & CO PVT LTD [Strike Off] CIN = U51900WB1947PTC014930

Company & Directors' Information:- M S AHMED & CO PVT LTD [Active] CIN = U70101WB1932PTC007608

Company & Directors' Information:- C S EDUCATION PRIVATE LIMITED [Active] CIN = U80211DL2004PTC125711

Company & Directors' Information:- A 2 Z EDUCATION LIMITED [Strike Off] CIN = U80903MH2008PLC183106

Company & Directors' Information:- B L AND CO NEW DELHI PRIVATE LIMITED [Active] CIN = U74899DL1968PTC004910

Company & Directors' Information:- S D EDUCATION PRIVATE LIMITED [Strike Off] CIN = U80903MH2004PTC147463

Company & Directors' Information:- K-EDUCATION PRIVATE LIMITED [Active] CIN = U80301MH2014PTC256056

Company & Directors' Information:- P W EDUCATION PRIVATE LIMITED [Under Process of Striking Off] CIN = U80212TN2009PTC072151

Company & Directors' Information:- A S C EDUCATION PRIVATE LIMITED [Under Process of Striking Off] CIN = U80904TG2015PTC099629

Company & Directors' Information:- V S INDIA EDUCATION PRIVATE LIMITED [Active] CIN = U80904UP2016PTC084320

Company & Directors' Information:- O S EDUCATION PRIVATE LIMITED [Strike Off] CIN = U74999UP2008PTC035501

Company & Directors' Information:- G D EDUCATION PRIVATE LIMITED [Strike Off] CIN = U80302DL2003PTC122716

Company & Directors' Information:- P & M G E-EDUCATION PRIVATE LIMITED [Active] CIN = U80903DL2016PTC291587

Company & Directors' Information:- S S V EDUCATION PRIVATE LIMITED [Active] CIN = U80904DL2012PTC245724

Company & Directors' Information:- S S M EDUCATION PRIVATE LIMITED [Active] CIN = U72200HR2010PTC040713

Company & Directors' Information:- NEW INDIA CORPORATION PRIVATE LIMITED [Strike Off] CIN = U36999TN1940PTC001776

Company & Directors' Information:- S M ALI PVT LTD [Strike Off] CIN = U20211WB1953PTC020993

Company & Directors' Information:- P H EDUCATION PRIVATE LIMITED [Under Process of Striking Off] CIN = U80211DL2008PTC177735

Company & Directors' Information:- O E S EDUCATION PRIVATE LIMITED [Strike Off] CIN = U80302DL2006PTC154572

Company & Directors' Information:- UNION COMPANY PRIVATE LIMITED [Dissolved] CIN = U99999KA1942PTC000292

Company & Directors' Information:- J. AHMED AND COMPANY LIMITED [Liquidated] CIN = U99999MH1954PLC009225

    Original Application No. 040/00103 of 2018

    Decided On, 08 February 2021

    At, Central Administrative Tribunal Guwahati Bench Guwahati

    By, THE HONOURABLE MRS. MANJULA DAS
    By, JUDICIAL MEMBER & THE HONOURABLE MR. NEKKHOMANG NEIHSIAL
    By, ADMINISTRATIVE MEMBER

    For the Applicant: G. Baishya, A. Hassan, B. Bora, Advocates. For the Respondents: R7, R.S. Choudhury, M. Sarma, Advocates, on behalf of M.K. Choudhury, Sr. Advocate.



Judgment Text

Order (Oral):Manjula Das, Member (J).1. This O.A. has been preferred by the applicant under Section 19 of the Administrative Tribunals Act, 1985 with the following reliefs:-“8.1 That the Hon’ble Tribunal may be pleased to set aside and quash the impugned final transfer list (Round-01 & 02) of Catering Assistant under Annual Transfer Drive, 2017-18 in respect of the present applicant.8.2 That the Hon’ble Tribunal may be pleased to direct the respondent authorities to cancel the transfer of the applicant in terms of the letter dated 2.6.2017 and further allow the applicant to continue his service in his present place of posting i.e. JNV, Darrang, Assam for the ends of justice.8.3 Costs of the application.8.4 Any other relief (s) to which the applicant is entitled as the Hon’ble Tribunal may deem fit and proper.”2. Sri G. Baishya, learned counsel for the applicant, Smt. R.S. Choudhury, learned counsel for official respondent Nos. 2 to 5 and Sri M. Sarma, learned counsel for impleaded private respondent No. 7 appeared. None appeared on behalf of private respondent No. 1 & 6.3. At the time of filing this O.A., the applicant has narrated his grievance with some points that while he was transferred vide final transfer list (Round-01 & 02) of Catering Assistant under Annual Transfer Drive 2017-18 from Darrang-Assam-Shillong to Zunheboto, Nagaland Shillong who was at Sl. No. 68, his wife was suffering from coronary artery disease and son was studying in Class IX. By taking into note of all these, this Tribunal vide order dated 15.03.2018 issued notice upon the respondents and passed order as follows:-“Post before the Registrar’s Court on 03.05.2018 for completion of pleadings. In the meantime, Final Transfer List (Round 01 & 02) of Catering Assistant under ATD 2017 shall not be given affect to with respect to the Applicant whose name appears at Sl. No. 68. The Respondents are at liberty to file application for alteration of this order.”4. Thereafter, on many occasions, although matter was listed but no vacation application has been filed by the respondents. However, written statement and rejoinder has since been filed. Accordingly, on completion of pleadings, matter was admitted and fixed for hearing vide order dated 14.11.2019. Thereafter, matter was again listed on many occasions i.e. 13.12.2019, 30.01.2020, 10.02.202005.03.2020, 08.12.2020 and 07.01.2021 and the same could not be proceed with sometimes due to non-availability of Division Bench and sometimes due to adjournment sought for by either parties.5. Now the question before us is as to whether final transfer list (Round01 & 02) under Annual Transfer Drive 2017-18 is bad in law and not permissible for the transfer of the applicant?6. Smt. R.S. Choudhury, learned counsel appearing for the official respondent Nos. 2 to 5 fairly submitted before the BAR that after passing of the interim order on 15.03.2018, applicant has already enjoyed 03 years at the present place of posting i.e. Darrang and the respondent authorities are also very liberal to that and with due respect to the order of this Tribunal, did not disturb the applicant and accordingly, the applicant has been rendering his services at JNV, Darrang, Assam. She further submitted that Annual Transfer Drive initiated on 2021 and portal is still open and anyone can approach before the appropriate authority by applying the same with a prayer for choice posting.7. On that issue, Sri G. Baishya, learned counsel appearing for the applicant submitted that applicant has already made an application before the authority to consider his choice posting either at (i) Baksa or at (ii) Dhubri or at (iii) Gualpara. It was further submitted by Sri Baishya that due to wife’s health condition; applicant wants to stay nearby place where medical facilities are available. As such, applicant approached before this Tribunal by challenging the final transfer list (Round-01 & 02) of Catering Assistant under Annual Transfer Drive 2017-18 by which he sought to be transferred from Darrang-Assam-Shillong to Zunheboto, Nagaland- Shillong.8. On the other hand, Sri M. Sarma, learned counsel appearing for private respondent No. 7, who is newly impleaded, submitted that he come to know that in the Annual Transfer Drive, 2021, portal is still open and his client wants to make application within a very short time so as to make his grievance before the authority for posting him as per his wishes.9. By taking into note of all the po

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ints as above, we are not willing to go further on the merit of the case inasmuch as all the parties submitted that they will be satisfied if the application which has already been made by the applicant and the application which will be made by the private respondent No. 7 for choice posting, shall be considered as per law. Ordered accordingly.10. Keeping in view of the above, O.A. stands disposed of with no order as to costs.11. Interim order passed by this Tribunal on 15.03.2018 stands vacated.
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