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Rohit Prasad v/s The Union of India, Through the Secretary, Ministry of Communication, New Delhi & Others


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:- S M INDIA LTD [Strike Off] CIN = U26942ML1998PLC005541

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

Company & Directors' Information:- THE INDIA COMPANY PRIVATE LIMITED [Active] CIN = U74999TN1919PTC000911

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:- 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:- INDIA CORPORATION PRIVATE LIMITED [Active] CIN = U65990MH1941PTC003461

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:- P J COMMUNICATION PRIVATE LIMITED [Active] CIN = U72900DL2000PTC105416

Company & Directors' Information:- ROHIT CORPORATION PRIVATE LIMITED [Active] CIN = U45200PN2013PTC146830

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

Company & Directors' Information:- ROHIT PRIVATE LIMITED [Not available for efiling] CIN = U99999MH1951PLC009949

    Original Application No. 045/00106 of 2018

    Decided On, 11 September 2018

    At, Central Administrative Tribunal Guwahati Bench Guwahati

    By, THE HONOURABLE MRS. MANJULA DAS
    By, JUDICIAL MEMBER

    For the Applicant: None. For the Respondents: S.K. Ghosh, Addl. CGSC.



Judgment Text

Oral Order:

1. Being aggrieved for arbitrary acts and deeds of the respondent authority for not releasing the applicant, he preferred the instant O.A. seeking the following reliefs:

'8(i) Direction to the respondent no. (2) i.e. the Chief Post Master General, NE Circle, Shillong to approve the inter circle transfer of the applicant to Azamgarh/Gorakhpur Division, Uttar Pradesh Circle under Rule 38 of P&T Manual Vlo. IV within time frame.

(ii) Direction to the respondent No.(3) i.e. the Director of Postal Services, Arunachal Pradesh Division to release the applicant within time frame on approval of the Chief Post Master General, NE Circle, Shillong for inter circle transfer of the applicant to Azamgarh/Gorakhpur Division, Utter Pradesh Circle under Rule-38 of P & T Manual Vol. IV.

(iii) Direction to the respondents to take all steps for releasing the applicant to Azamgarh/ Gorakhpur Division, under Utter Pradesh Circle under Rule-38 of P & T Manual Vol –IV without any further delay.

(iv) Any appropriate order or Direction to give full and effective relief’s to the applicants.'

2. When the matter was called up, neither the applicant nor the counsel for the applicant appeared.

However, learned Addl. CGSC for the respondents Mr. S.K. Ghosh appeared.

3. From the perusal of the pleadings and documents annexed in the O.A. thereto, it is noted that applicant was initially posted at Roing as LRPA, Postal Assistant on 23rd August 1996. Subsequently, he was transferred and posted at various places of Arunachal Pradesh till date. While the applicant was posted at Mebo, SO, Arunachal Pradesh in the year 2005, he had applied for inter circle transfer from Arunachal Pradesh to Uttar Pradesh Circle under Rule 38 of Post and Telegraph Manual Vol-IV on the ground of the ill health of his old aged mother which was forwarded by the Director of Postal Service, Arunachal Pradesh, Itanagar to the Post Master General, N.E. Circle, Shillong. Thereafter, he again submitted an application on 18.08.2008 under the same rule as stated above for inter circle transfer from N.E. Circle to Uttar Pradesh Circle.

4. Further it is noted that applicant also made representation before the respondent No. 2 on 04.12.2008 with a request to consider his case under Rule 38 transfer on compassionate ground. However, during pendency of the several representations of the applicant, the respondent authority vide letter dated 09.05.2013 had published a list of officials whose inter-circle transfer under Rule 38 has been approved wherein the case of much more junior of the applicant was approved.

Thereafter, the applicant submitted another representation on 29.08.2014 before the respondent No. 2 with a request for inter circle transfer as per Rule-38 of Transfer and Posting as well as to confirm him the present status of his case. Inspite of submission of several representations, no any positive action has been taken by the respondent Nos. 2 & 3 for release of the applicant.

4. Mr. S.K. Ghosh, learned Addl. CGSC for the respondents however, submits that he has no objection if a direction is issued to the respondent authorities to dispose of the pending representations of the applicant dated 04.12.2008 as well as 29.08.2014 by considering his reliefs as prayed in the O.A. within a period of four months.

5. In view of the above and by accepting th

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e prayer made by the learned Addl. CGSC for the respondents, I direct the respondent authorities to dispose of the pending representations dated 04.12.2008 as well as dated 29.08.2014 and consider the reliefs as prayed by the applicant in the O.A. within a period of four months from the date of receipt copy of this order. 6. O.A. stands disposed of. No order as to costs.
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