At, Central Administrative Tribunal Guwahati Bench Guwahati
By, THE HONOURABLE MRS. MANJULA DAS
By, JUDICIAL MEMBER & THE HONOURABLE MR. N. NEIHSIAL
By, ADMINISTRATIVE MEMBER
For the Applicant: S. Bhuyan, F. Ahmed, Advocates. For the Respondents: ------
Manjula Das, Judicial Member.
1. On being mentioned by Sri.S.Bhuyan, learned counsel for the applicant, this matter has been taken up today as unlisted.
2. This O.A. has been filed by the applicant under section 19 of the Administrative Tribunal Act, 1985 with the following reliefs:
“8.1 That the Hon’ble Tribunal be pleased to direct the respondent No.2 transfer the applicant either at National informatics Centre. Office of the District Magistrate, Collectorate Building. Burdwan, Pin code -713101 or National informatics Centre Ministry of Electronics and information Technology Bidyut Bhavan, Gr Floor, Saltlake DJ Block, Kolkata, West Bengal, against existing vacant post, in the light of the Govt, of India’s Transfer Policy as per Hard Areas/Remote Locations policy dated 11.01.2017, which was subsequently extended by the Regular Transfer Policy dated 19.03.2014 as well as in terms of spouse posting.
8.2 Cost of application.
8.3 Any other relief or refliefs as the Hon’ble Tribunal may deem fit and proper, including the cost of the case.”
3. Sri.S.Bhuyan, learned for the applicant submitted that the applicant was appointed as a Scientist/Technical Assistant-B on 15.09.2011 at National informatics Centre at Tripura State Unit. Thereafter, on 20.03.2015, the applicant was promoted to the post of Scientist-B and till date he is rendering his service as scientist –B at the said centre in Tripura.
4. Learned counsel further submitted that on 19.03.2014 the National informatics Centre has formulated a Transfer Policy. The transfer policy of the same was approved by the Respondent No.2 which came into force for all employees. As per the said transfer policy, applications were invited for transfer of employees posted at hard/remote locations. Based on the said policy No.2(01)2014-Pers dated 19.06.2014 many transfer have been processed from other location and in the said policy, point No.3.5,given priority order for transfer of employees who have completed the following categories:
(a) Hard Location
(b) Extreme Compassionate Ground
(c) Spouse joining
(d) Public Interest
(e) Other categories.
5. In continuation of Circular dated 19.03.2014, the respondent authority on 11.01.2017 issued a new transfer policy for posting/transfer from/to hard areas/remote Locations. As per the said policy, Tripura was included in the hard area/remote Locations State list. According to learned counsel, as per Point No.ii of the said transfer policy, tenure postings in hard/remote locations shall be for a period of 2 years. Learned counsel further submitted that the father of the applicant who is aged more than 64 years has been suffering with paralysis for the last two years and has been bed-ridden and unable to move therefore he needed regular medical check-up and for which the care of his son is required. As per the transfer policy, the applicant made so many representations dated 17.07.2017, 22.11.2018, 16.02.2019,28.06.2019 and the latest one by 09.01.2020 with a request to consider his posting/transfer as per the ground of transfer policy of NIC for Scientist-B Officer or transfer him to West Bengal on the ground of spouse posting. But the same has not been considered till date.
6. We have heard learned counsel for the applicant, perused the O.A. and all the documents produced before us. Keeping in view of pending representations, without going into the merit of the case as well as without issuing notice, we direct the appropriate authority to consider the last representation dated 09.01.2020 of the applicant and dispos
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e of it by passing a reasoned and speaking order within a reasonable period of two months from the date of receipt copy of this order. 7. It is needless to mention that whatever decision to be passed by the appropriate authority, the same shall be communicated to the applicant forthwith. 8. With the above directions, O.A.stantds disposed of at the admission stage, No order as to costs.