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Dipankar Bachhar v/s The Union of India, Represented by Communication & Information Technology, Department of Electronics & Information Technology, National Informatics Centre, New Delhi & Others

    Original Application No. 041/00218 of 2021
    Decided On, 03 September 2021
    At, Central Administrative Tribunal Guwahati Bench Guwahati
    For the Applicant: F. Ahmed, Advocate. For the Respondents: ----

Judgment Text
Order Oral:

Manjula Das, Chairman.

(Through Video Conferencing)

1. The applicant has filed this OA under Section 19 of the Administrative Tribunals Act, 1985 seeking the following relief(s):

“8.1 That the Hon’ble Tribunal be pleased to direct the respondent No.2 transfer the applicant either at National Informatics Centre (NIC), Ministry of Electronics and Information Technology, West Bengal State Centre, Bidyut Bhavan, Ground Floor, Salt Lake DJ Block, Kolkata, West Bengal, or 218, National Informatics Centre (NIC), 1st Floor, Twenty Four Parganas (N), New Administrative Building, Barasat, 700124 against existing vacant post, in the light of the Govt. of India’s transfer policy as per Hard Areas/Remote Locations policy dated 11.01.2017 and 27.07.2020 which were subsequently extended by the Regular Transfer Policy dated 19.03.2014.

8.2 Cost of application.

8.3 Any other relief or reliefs as the Hon’ble tribunal may deem fit and proper, including the cost of the case.”

2. The applicant joined as Scientific Officer-B, at National Informatics Centre (NIC), Tripura on 23.08.2011. Thereafter he was promoted to the post of Scientist ‘B’ on 22.03.2015 and on 01.01.2009 he was promoted to the post of Scientist ‘C’ and since then he is working on the same post in the same centre. The applicant made several representations to the respondents including the one dated 10.06.2021, to consider his case for transfer on the basis of the transfer policy of NIC dated 19.03.2014, 11.01.2017 and 27.07.2020, but the same has not yet been decided by the respondents.

3. The applicant contends that he is the permanent resident of West Bengal and his parents are old and suffering from different age related ailments. He further submits that he made his choice to West Bengal as Priority No.1, Delhi as Priority No.2 and Bihar as Priority No.3 in his transfer request. He made several representations for posting, as per his choice, but not action has yet been taken by the respondents. He has already completed two years of service at Hard Station, as per the provisions of the Rule 8 of the guidelines issued by the Govt. of India dated 27.07.2020. He also relied upon an identical case decided by this Tribunal in OA No.31/2020-Vishnu Varma Pilli Vs. Union of India & Ors.

4. We have heard F. Ahmed, learned counsel for the applicant, at the stage of admission itself.

5. In view of the above, OA is disposed of with a direction to the respondents to dispose of the representations made by the applicant including the one da

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ted 10.06.2021, in terms of Rule 8 (i)(i) and (iii) of guidelines issued by the respondents dated 27.07.2020, within a period of three months from the date of receipt of a copy of this order, on the basis of priority, as sought by the applicant. There shall be no order as to costs.