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.