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Taizuddin Ahmed v/s The Union of Indian Represented by the Secretary to the Government of India New Delhi, & Others

Company & Directors' Information:- AHMED AND CO PRIVATE LIMITED [Strike Off] CIN = U27320DL1997PTC086861

Company & Directors' Information:- THE INDIAN CORPORATION PRIVATE LIMITED [Active] CIN = U65993TN1946PTC000988

Company & Directors' Information:- T AHMED & CO PVT LTD [Strike Off] CIN = U51900WB1947PTC014930

Company & Directors' Information:- M S AHMED & CO PVT LTD [Active] CIN = U70101WB1932PTC007608

Company & Directors' Information:- J. AHMED AND COMPANY LIMITED [Liquidated] CIN = U99999MH1954PLC009225

    Original Application No. 045/00070 of 2020

    Decided On, 24 February 2020

    At, Central Administrative Tribunal Guwahati Bench Guwahati


    For the Applicant:- Adil Ahmed, Doli Goswami, Alun Theyo, Livika Kiba, Advocates. For the Respondents: -----

Judgment Text

Oral Order:

Manjula Das, Judicial Member.

1. On being mentioned by Sri Adil Ahmed, learned counsel for the applicants, this O.A. is being taken up today.

2. This O.A. has been preferred by the applicant under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:-

“8.(i) To direct the Respondents particularly Respondent No. 2 to release the Applicant immediately within forthwith from Tuting Site Arunachal Pradesh without waiting for substitute.

(ii) To direct the Respondents Particularly Respondent No.2 to modify the Applicant transfer order dated 03.12.2019 by transferring him at any of his 3 (Three) Choice station i.e. (i) (Pagladia Site & (ii) puthimari Site & (iii) Nalbari Sub- Division (Pagladia and puthimari Sub-Division) which is nearer to home town or particularly in Nalbari Sub-Division (Pagladiya and Puthimari Sub-Division) wherein one post of SWA will be vacant as incumbent SWA is going to be retire on 29.02.2020.

(iii) To pass any other relief (s) which the Applicant may be entitled and as, may be deem fit and proper by the Honourable Tribunal.’’

3. Sri Ahmed, learned counsel appearing on behalf of the applicant submits that the applicant is working as Skilled Worked Assistant (SWA), CWC at Tuting Site. After completion of 05 years of service at Tuting site, he had submitted representation on 18.07.2018 before the respondent No. 2 by giving three choice place of station i.e. (i) P.P. Sub-Division, (ii) Pagladiya Site and (iii) Puthimari Site for his Transfer from Tuiting Sit under Upper Brahmaputra Division, CWC. Thereafter, the Superintending Engineer, Central water Commission, Hydrological Observation Circle, Guwahati i.e. respondent No. 2 had issued the transfer order dated 03.12.2019 by which the applicant was transferred to Suklai under Middle Brahmaputra Division, CWC against the incumbent Md Jalil Ali, SWA. Despite the said order passed on 03.12.2019, the applicant has not yet been relieved by the respondents from his present place of posting i.e. Tuting Site. Therefore, the applicant mad representations dated 20.12.2019 and 01.01.2020 before the respondent Nos. 2 & 3 with a request to release him immediately from his present place of posting i.e. Tuting. But the same has not yet been disposed of.

4. Heard Sri A. Ahmed, learned counsel for the applicant. Perused the pleading and materials placed before us as well as impugned order dated 03.12.2019.

5. From the perusal of transfer order dated 03.12.2019, it appears that the applicant will be relieved after joining of his incumbent i.e. Md. Jalil Ali, SWA. In the said transfer order, it was also mentioned that the Controlling Officer of the transferred official under Serial No. 2, 4, 6 and 8 must relieved them on or before 31.12.2019 with direction to join at their new place of posting. But the said order has not yet complied with despite specifying that the incumbent md. Jalil Ali, SWA shall had to be released before 31.12.2019.

6. In view of the above, without going into the merit of the case as well as without issuing notice to the respondents, we deem fit a

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nd proper to direct the respondent authorities to allow the applicant to join in his transferred place at Suklai under Middle Brahmaputra Division, CWC by releasing the incumbent Md. Jalil Ali, SWA, immediately. Ordered accordingly. 7. With the above direction, O.A. stands disposed of at the admission stage. There shall be no order as to costs.