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: U. Das, D.P. Sahu, Advocates. For the Respondents: -----
Manjula Das, Member, J.
1. Ms. U. Das, learned counsel for the applicant mentioned this case and is accordingly taken up today as unlisted.
2. This O.A. has been preferred by the applicant under Section 19 of the Administrative Tribunals Act 1985 seeking the following reliefs:-
“8.1 That the Hon’ble Tribunal may be pleased to set aside and quash Transfer order dated 22-05-2019;
8.2 That the Hon’ble Tribunal may be pleased to direct the respondents to allow the applicant to continue to work/serve as SMS (Agril Engg), KVK, Chandel as usual;
8.3 That the Hon’ble Tribunal may be pleased to direct the respondent to consider the representation filed by the applicant sympathetically as per Transfer guidelines issued by the respondents all till such the applicant may be allowed to continue in the present place of posting;
8.4 That the Hon’ble Tribunal may be pleased to pass any other appropriate order/direction that this Hon’ble deems fit and just in the interest of justice.”
3. Ms. U. Das, learned counsel appearing on behalf of the applicant submits that the applicant was appointed as Senior Training Assistant, T-6 (Agril. Engg./SWCE) in the Krishi Vigyan Kendra (KVK), Chandel at a pay scale of Rs. 8000-275-13500/- per month with admissible allowances vide memorandum dated 23.03.2007.
4. Ms. Das further submits that the applicant is aggrieved with the impugned order No. RC(R)15/2004/14 dated 22.05.2019 issued by the Administrative Officer, ICAR Research Complex for NEH Region, Umroi Road, Umiam, Meghalaya by which he has been sought to be transferred to KVK Namsai, Arunachal Pradesh. Applicant preferred representation to the Director, ICAR, Research Complex for NEH Region, Umroi Road, Umiam, Meghalaya on 06.06.2019 with a request to review the said transfer order. In the said representation, the applicant has also highlighted his grievances that his brother is suffering from mental disabilities with 80% disability and his father is highly diabetic and has suffered stroke for as many as twice times in the past, apart from being anaemic. He mentioned that his mother is a very old lady of around 80 years suffering from osteo arthritis along with Nephrotic syndrome. He also mentioned that his wife is serving in Regional Institute of Medical Sciences, Manipur as Registrar.
5. According to the learned counsel for the applicant, in view of departments’ own transfer policy/guidelines dated 06.07.2018, case of the applicant can be considered sympathetically on medical grounds.
6. We have heard the learned counsel for the applicant, perused the papers and the documents relied upon. Keeping in view of the representation pending, without going into the merits of the case, we found that it is a fit case to direct the competent authority to consider the pending representation of the applicant dated 06.06.2019 and dispose of it and pass a reasoned and speaking order within a reasonable period of three months’ from the date of receipt of a copy of this or
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der and the decision of the competent authority be intimated to the applicant forthwith and till such time, applicant shall not be disturbed from his present place of posting. Ordered accordingly. 7. With the above direction, O.A. stands disposed of accordingly at the admission stage. 8. There shall be no order as to costs.