w w w . L a w y e r S e r v i c e s . i n

Kamal Nath, Accountant, Divisional Office Tezpur, Sonitpur v/s The Union of India, Represented by the Secretary to the Government of India, Ministry of Communication & IT Department of Posts, New Delhi & Others

Company & Directors' Information:- KAMAL CORPORATION PRIVATE LIMITED [Active] CIN = U27107RJ2007PTC025203

Company & Directors' Information:- E N COMMUNICATION PRIVATE LIMITED [Active] CIN = U92132DL2005PTC143469

Company & Directors' Information:- T C COMMUNICATION PRIVATE LIMITED [Active] CIN = U74999DL2000PTC105354

Company & Directors' Information:- J J COMMUNICATION PRIVATE LIMITED [Active] CIN = U74300WB1997PTC085828

Company & Directors' Information:- P. K. COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U92141DL1984PTC017748

Company & Directors' Information:- T I COMMUNICATION PRIVATE LIMITED [Active] CIN = U51109HP2009PTC031079

Company & Directors' Information:- S B M COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U64201WB2010PTC145582

Company & Directors' Information:- KAMAL INDIA PRIVATE LIMITED [Active] CIN = U74899DL1986PTC025780

Company & Directors' Information:- P N COMMUNICATION P. LTD. [Active] CIN = U32204DL2001PTC111327

Company & Directors' Information:- A B AND U COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U74300MH1997PTC107160

Company & Directors' Information:- NATH PRIVATE LIMITED [Active] CIN = U31908PN2013PTC148540

Company & Directors' Information:- K AND D COMMUNICATION LIMITED [Active] CIN = U64120GJ1997PLC031879

Company & Directors' Information:- P & G COMMUNICATION PRIVATE LIMITED [Active] CIN = U74140MH2013PTC251505

Company & Directors' Information:- NATH AND CO LTD [Strike Off] CIN = U15141KL1946PLC000796

Company & Directors' Information:- P J COMMUNICATION PRIVATE LIMITED [Active] CIN = U72900DL2000PTC105416

Company & Directors' Information:- M K COMMUNICATION PVT LTD [Strike Off] CIN = U72900HP2006PTC030292

Company & Directors' Information:- H V COMMUNICATION PRIVATE LIMITED [Active] CIN = U52602DL2009PTC193309

Company & Directors' Information:- A AND A COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U92132DL2001PTC110975

Company & Directors' Information:- B. M. COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U64100DL2012PTC244419

Company & Directors' Information:- H. K. COMMUNICATION PRIVATE LIMITED [Active] CIN = U64100DL2013PTC255831

Company & Directors' Information:- B R COMMUNICATION PRIVATE LIMITED [Active] CIN = U64203DL2002PTC114477

Company & Directors' Information:- N S N COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U64100KA2014PTC073757

Company & Directors' Information:- N A COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U74120DL2008PTC182901

Company & Directors' Information:- G & D COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U64200MP2007PTC019633

    Original Application No. 040/00002 of 2020

    Decided On, 07 January 2020

    At, Central Administrative Tribunal Guwahati Bench Guwahati


    For the Applicant: D.N. Sharma, Advocate. For the Respondents: -----

Judgment Text

Oral Order:

Manjula Das, Judicial Member.

1. This application has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 seeking the following relief :

“8.1 The Hon’ble Tribunal be pleased to direct the respondents to quash the impugned order of transfer (Annexure A1 & A2) and upgrade the post of Accountant, Divisional office and one post in Tezpur HPO as LSG Accountant as per the para 5 (viii) of mem No. 25-04/2012-PE-1 (Volume II) dated 10.11.2017.

8.2 Any other relief(s) which the applicant is entitled to as the Hon’ble Tribunal may deem fit and proper.

2. Sri D. N. Sharma, learned counsel for the applicant submitted that the applicant was initially appointed as Postal Assistant in the Darrang Postal Division. The applicant passed the PO & RMS accountant examination in the year 2001 and was posted as accountant at Mangaldai. After completion of his tenure as accountant in Mangaldai upto 31.12.2006, the applicant was transferred to Tezpur H.O. and worked there upto 11.07.2018. Thereafter, again the applicant hasbeen transferred to Divisional office, Tezpur and nowis working as such from 12.07.2018 till date.3

3. Learned counsel further submitted that the applicant was selected for promotion to LSG (Postal) cadre in general line on the basis of seniority cum fitness vide memo dated 10.05.2019 and vide transfer order dated 17.06.2019 he had been posted and transferred as Sub-postmaster at Besseria Sub post office. After receipt of such order of transfer and posting to Besseria Sub post office, the applicant had made representations dated 24.06.2019& 05.11.2019. However, according to the learned counsel, the respondent authority without cancelling the previous transfer order to Besseria and without considering the representations of the applicant, issued another transfer order dated 03.12.2019 by which the applicant has been transferred to Udalguri Sub Post office as Postal Assistant. Being aggrieved with the said impugned transfer order dated 03.12.2019, the applicant made a representation dated 09.12.2019. But the same has not yet been considered by the respondents. Accordingly the learned counsel prayed that atleast the last pending representation dated 09.12.2019 may be disposed of and till disposal of the said representation the applicant may not be disturbed from his present place of posting.4

4. We have heard learned counsel for the applicant, perused the pleadings and materials placed before us. Keeping in view of the representation pending, without going into the merit of the case as well as without issuing notice to the respondents, we found that it is a fit case to direct the appropriate authority to consider the pending repr

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esentation dated 09.12.2019 and dispose of it by passing a reasoned and speaking order within a reasonable period of one month from date of receipt copy of this order. Till such time, the applicant shall not be disturbed from his present place of posting. Order accordingly. 5. No order as to costs.