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

Rinkul Mani Thakuria, Assam v/s The Union of India, Through the Secretary, Government of India, Ministry of Human Resource Development, Department of Education, New Delhi & Others

    Original Application No. 040/00155 of 2021

    Decided On, 12 July 2021

    At, Central Administrative Tribunal Guwahati Bench Guwahati


    For the Applicant: G. Baishya, A. Hassan, S.K. Hazarika, Advocates. For the Respondents: -------

Judgment Text

Order (Oral):

Manjula Das, Judicial Member, (J).

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

“8.1 That the Hon’ble Tribunal be pleased to set aside and quash the final transfer list of Annual Transfer Drive 2020-21 dated 01.07.2021 in respect of the private respondent.

8.2 That the Hon’ble Tribunal be pleased to direct the respondent authorities to consider and transfer the applicant in her choice place of posting i.e. JNV, Goalpara under spouse ground in terms of the Transfer Policy as well as the guidelines of the Samiti.

8.3 Cost of the application.

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

2. The facts, in brief, as narrated in the OA are that applicant was appointed was initially appointed as PGT English in JNV and was posted to JNV and was posted to JNV, Lower Subansiri, Arunachal Pradesh by appointment letter dated 24.09.2007 (Annexure-A1). She was transferred to JNV, Nalbari by order dated 24.09.2013 and since then she has been working there. Her husband is working as Principal Scientist in ICAR, Krishi Vigyan Kendra, Goalpara, Assam. As per transfer policy dated 04.04.2012 (Annexure-A4) an employee on completion of his/her tenure in a particular station may submit request in prescribed format for choice posting. The normal tenure of te service of the applicant in a particular station is 10 years (3 years in case of hard & North-East Region and 2 years in case of very hard & difficult station). According to the applicant, she has completed her tenure in the present place of posting which is a hard station.

3. Applicant had annexed the transfer guidelines dated 02.04.2018 (Annexure-A5) to the OA) in accordance with the transfer policy of 2012. By the same the Samiti has given priority in transfer on spouse ground for unification of spouse. According to the applicant, being eligible to participate in the transfer drive of 2020-21, she submitted her representation on 04.02.2021 for choice posting at JNV, Goalpara and Bongaigaon under Multiple Priority Criteria (Hard + Spouse ground) but the by the impugned Final Transfer List of Annual Transfer Drive of 2020-21 whereby private respondent no.6 has been transferred to JNV, Goalpara. Being dissatisfied with the said list, the applicant submitted a representation dated 02.07.2021 before the respondent no.2 and the same is pending for consideration.

4. Sri G Baishya, learned counsel for the applicant submitted hat private respondent no.6 had joined JNV, Kohima, Nagaland only on 27.06.2018 and had completed less than 3 years of service in her present place of posting. That apart, she is a single lady and her home district is Lucknow, UP, as such if the private respondent no.6 is transferred to any other place except Goalpara, it will not make any difference. According to the learned counsel, applicant has already completed more than 7 years in JNV, Goalpara which is a hard station and before that she served at JNV, Lower Subansiri, Arunachal Pradesh which is also a hard station. Learned counsel submitted that since the date of joining JNV i.e., for the last 14 years the applicant has been staying away from her spouse with her two children and never got the opportunity of unification of couple under the policy of the Samiti. According to the learned counsel, the respondents could have accommodated the private respondent no.6 in JNV, Nalbari where the applicant is working and applicant could have been transferred to Goalpara on spouse ground. Learned counsel also submitted that before the Final Transfer List i.e. after the publication of proposed Transfer List (May, 2021) and revised proposed Transfer List (01.06.2021) the applicant had submitted representations on 04.05.2021, 02.06.2021 and 12.06.2021 but he prayer was not considered.

5. Learned counsel for the applicant forcefully submitted that the respondents have not yet issued individual transfer order and the private respondent no.6 has not been relieved from JNV, Kohima, Nagaland. Therefore, learned counsel’s limited prayer is that since the representation of the applicant is pending the respondents may be directed to consider the same and till such time, no individual transfer order may be issued in favour of the private respondent no.6 to join JNV, Goalpara.

6. Heard learned counsel for the applicant, perused the OA and the documents annexed with the OA. Admittedly applicant has completed her tenure in the present place of posting and she had submitted her representation for choice posting on spouse ground. It is the submission of the applicant that for the last 14 years applicant has been staying away from her spouse with her two children. Her representation is pending before the respondents for consideration. We are of the view that ends of justice will be met if the respondents are directed to dispose of the pending representation are directed to dispose of

Please Login To View The Full Judgment!

the pending representation dated 02.07.2021 within a time frame. Accordingly, the respondent no.2 is directed to dispose of pending representation date 02.07.2021 and consider her prayer for choice posting as per rules and with utmost consideration and pass appropriate order within a period of three months from the date of receipt f this order. Till such time, transfer of the private respondent no.6 JNV, Goalpara shall not be given effect to if not already done. 7. The OA is disposed of at the admission stage itself. There shall be no order as to costs.