At, Central Administrative Tribunal Guwahati Bench Guwahati
By, THE HONURABLE SMT. MANJULA DAS
By, JUDICIAL MEMBER & THE HONOURABLE MR. N. NEIHSIAL
By, ADMINISTRATIVE MEMBER
For the Applicant: U. Dutta, G.J. Sharma, Advocates. For the Respondents: R. Hazarika, Addl. C.G.S.C.
Oral OrderManjula Das, Judicial Member:By this O.A., applicant makes a prayer to set aside his deputation transfer order dated 06.05.2021 (Annexure-A1) and to direct the respondents to transfer him from DRL, Tezpur to DLRL, Hyderabad on mutual basis against the said Nilotpal Saikia which has been recommended by the respondent no.4 by letter dated 26.05.2020, or for consideration for choice posting to Gwalior/Mysore/New Delhi/Bangalore as per his representation dated 08.01.2018 and 30.01.2019 to which he is entitled in term of Govt of India OM dated 14.12.1983.2. Smt. U. Dutta learned counsel for the applicant has been working as Scientist ‘C’ in the office of respondent no.4 as Tezpur. According to the learned counsel, applicant joined at Tezpur on 11.08.2014. On being completed is tenure of 3 years in the N E Region on 10.08.2017, the applicant vide his representation dated 08.01.2018 and 30.01.2019, the applicant prayed for choice posting to Gwalior/Mysore/New Delhi/Bangalore in terms of the Govt of India OM dated 14.12.1983 but the applicant was informed that his prayer could not be allowed due to want of replacement. Learned counsel further submitted that applicant by representation dated 04.02.2020 (Annexure-A/9) applied for mutual transfer to DLRL, Hyderabad against one Sri Nilotpal Saikia, Scientist ‘C’ for which they have been recommended by the respondent no.4 by letter dated 26.05.2020 (Annexure-A11). The applicant has also sent a reminder dated 02.11.2020 but no order has been issued for his mutual transfer to Hyderabad till date. According to learned counsel, when the applicant was waiting for his mutual transfer to Hyderabad the respondent no.4 vide order dated 06.05.2021 (Annexure-A1) sough to send the applicant on deputation to DRL Salari, Arunachal Pradesh without taking consent from the applicant. According to the learned counsel, though movement order was issued the same was cancelled due to present pandemic situation and the new dates would be intimated at a later date. Learned counsel vehemently submitted that action of the respondents in sending the applicant in deputation without obtaining his consent is violative of the law laid down by the Hon’ble Supreme Court in the case of State of Punjab vs. Inder Singh & Ors (1997) 8 SCC 372 wherein it was held that there can be no deputation without the consent of the person so deputed.3. On the other hand, Sri R. Hazarika, learned Addl. C.G.S.C. appearing for he respondents submitted that applicant’s prayer for choice posting is under consideration of the respondents as no rejection order has been passed as yet. Learned counsel also submitted that the matter for mutual transfer of the applicant to DLRL, Hyderabad is also under consideration of the department.4. We have heard learned counsel for both the sides, and perused the materials placed with the records of OA.5. Admittedly applicant had completed his tenure in N E Region in 2017 and is entitled for consideration of his choice posting. But his prayer for choice posting vide applications dated 08.01.2018 and 30.01.2019 have not been considered as yet. As per the statement of the applicant at para 4.7 of the OA his prayer for choice posting could not be allowed due to lack of replacement of Tezpur. Applicant subsequently prayed for mutual transfer to DLRL, Hyderabad vide his representation dated 04.02.2020 against Sri Nilotpal Saikia, Scientist ‘D’ who is willing to come to Tezpur due to his personal difficulty. It is seen from the record that vide letter dated 15.05.2020 (Annexure-10) the respondent no.2 requested the respondent no.4 to offer his recommendation regarding proposal of Sri Nilotpal Saikia, from DLRL, Hyderabad to DLR, Tezpur and applicant’s transfer from DLR, Tezpur to DLRL, Hyderabad and in response, the respondent no.4 vide his letter dated 26.05.2020 (Annexure-A11) had already communicated the acceptance of service of Sri Nilotpal Saikia from DLRL, Hyderabad to DLR, Tezpur and recommended applicant’s transfer from DLR, Tezpur to DLRL, Hyderabad. More than one year has been passed but the respondents have not passed any order till date even though replacement is available.6. In view of the above we are of the considered opinion that ends of justice would be met if the respondents more particularly, the respondent no.2 are directed to take a decision by transferring the applicant from DLR, Tezpur to DLRL, Hyderabad within a period of three months from t
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he date of receipt of this order. Ordered accordingly. In the alternative, the respondents are also directed to consider the case of the applicant for choice posting as prayed in the representation dated 08.01.2018 and 30.01.2019 with the time given above. Till such time, respondent no.4 is directed not to give effect to the impugned order dated 06.05.2021 (Annexure-A1) in so far as the applicant is concerned.7. O.A. stands disposed of accordingly at the admission stage. No order as to costs.