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Kunja Mohan Deka v/s The Union of India, Represented by the Secretary to the Government of India, Ministry of Communication & IT, New Delhi & Others

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    Original Application No. 040/00213 of 2018

    Decided On, 01 August 2018

    At, Central Administrative Tribunal Guwahati Bench Guwahati


    For the Applicant: D.N. Sharma, S. Nath, Advocates. For the Respondents: R. Hazarika, Addl. CGSC.

Judgment Text

Oral Order:

Manjula Das, Judicial Member.

1. The instant O.A. has been preferred by the applicant under Section 19 of the Administrative Tribunals Act, 1985 for setting aside the impugned transfer order No. Staff-B/Rotational Transfer/2017/2018 (I) dated 26.04.2018, in respect of the applicant, issued by the respondent No. 3 transferring him from Guwahati GPO to Boko SO and also for a direction upon the respondents to retain him in his previous place of working by staying the said impugned transfer order dated 26.04.2018, in respect of the applicant.

2. Mr. D. N. Sharma, learned counsel appearing on behalf of the applicant submitted that while the applicant was working as Postal Assistant at Fancy Bazar, he visited his native and permanent home at Village – Sualkuchi on 19.06.2012. In his house, he felt down from the stairs and got serious head injury with other fatal injury in other parts of the body. He was immediately admitted to the Mahatma Gandhi 30 bedded Rural Hospital (F.R.U.) Sualkuchi for treatment. According to Mr. Sharma, after preliminary treatment, the said Hospital Authority referred him to the G.N.R.C. Hospital, Dispur for better treatment and he was admitted at 11 P.M. on the same very day. The said Hospital diagnosed him as suffering from Head injury, NDDM and Hydroureter. He was released on 22.06.2012 and since then he is under treatment of the medical expert as outdoor patient.

3. Mr. Sharma further submitted that vide letter dated 18.11.2016, the applicant intimated his health condition to the Sr. Superintendent of Post Offices, Guwahati Division, Guwahati and requested for his transfer to PSD, Bamunimaidan. In acknowledging the said representation, the transferring authority intimated the applicant that his request had been registered on 19.09.2016 vide letter dated 24.11.2016. According to Mr. Sharma, in the meantime, the applicant again represented for considering his transfer to the Postal Store Depot (PSD), Bamunimaidam, Guwahati where he could work conveniently without much mental pressure from Public vide his representation dated 12.09.2016 as he is suffering from mental disease. But inspite of considering his request for transfer to PSD, Guwahati, he has been transferred to Sualkuchi Sub Post Office as Sub Postmaster vide Memo dated 25.09.2017.

4. Mr. Sharma further submitted that the transferring authority asked option of place of choice on tenure transfer as per transfer policy of the department of post circulated vide Memo No. – B/Rotational Transfer/2015-16 dated 03.01.2018. In response to the said Memo, the applicant intimated three place of choice of next transfer as (i) PSD, Bamunimaidam, Guwahati, (ii) N.E.S.D, Bamunimaidam, Guwahati and (iii) Guwahati G.P.O. vide his representation dated 17.01.2018.

5. According to Mr. Sharma, without any consideration of his representations dated 18.11.2016, 17.01.2018 and assurance of the authority for transfer to Postal Stores Depot, Guwahati dated 24.11.2016, sought to transfer him to Boko Sub Post Office as Sub Postmaster vide Memo dated 26.04.2018. Immediately after receipt of the order dated 26.04.2018, the applicant represented to the Sr. Superintendent of Post Offices, Guwahati Division, Guwahati vide his letter dated 28.05.2018 intimating his deteriorating health condition and to retain him at Guwahati GPO for another one year as he was advised to stay away from long journey.

6. Mr. Sharma has drawn our attention to the para 4.10. of the O.A. wherein he states that the transferring authority has transferred two incumbents namely Mrs. Rita Bhattecherjee, P.A. Guwahati G.P.O. and Mrs. Pizza Bharali, PA, Bamunimaidam Sub Post Office to PSD, Guwahati vide Memo dated 26.04.2018 by ignoring the request place of choice of the applicant in violation of DOPT OM No. AB-14017/27/89/Estt (RR) dated 20.06.1989.

7. Mr. Sharma fairly submitted that he has no objection if a direction is issued on the respondents to consider and dispose of the applicant’s pending representation dated 28.05.2018 within a time frame and till such time, applicant may be allowed to discharge his duties at his present place of posting.

8. Mr. R. Hazarika, learned Addl. CGSC who accepted notice and representing on behalf f the respondents submits that he has no objection if the prayer made by the learned counsel for the applicant is allowed with a direction to the respondents to adjudicate the applicant’s pending representation dated 28.05.2018 within a time frame.

9. By accepting the prayers made by the learned counsels on both sides and without going into the merit of the case, we prefer to direct the respondents to consider and dispose of the applicant’s pending representation dated 28.05.2018 by passing orders as per rules within a peri

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od of three months from the date of receipt copy of this order. 10. It is made clear that the decision so arrived by the respondent authorities shall be taken with providing due opportunity of being heard to the applicant and whatever finding of the respondent authorities into the matter shall be communicated to the applicants forthwith. Till such time, applicant shall not be disturbed from his present place of posting at Guwahati G.P.O. 11. With the above directions, O.A stands disposed of. No order as to costs.