Central Administrative Tribunal - Chandigarh
Unknown vs Union Of India Through Secretary on 27 September, 2013
CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH BENCH ORIGINAL APPLICATION NO. 902-JK of 2013 Chandigarh, this the 27th day of September , 2013 CORAM: HONBLE MS. RAJWANT SANDHU, MEMBER (A) Amit Kumar, FED A P. No. 6970150 P S/o Sh. Kashmir Singh, 8 MTN. DOU (Leh), C/o 56 APO Pin Code 909008. APPLICANT BY ADVOCATE: SHRI ROHITESHWAR SINGH VERSUS 1.Union of India through Secretary, Govt. of India, Ministry of Defence, South Block, New Delhi-110011. 2.Director General Ordinance Service, Master General of Ordinance Branch, Army Head Quarter, New Delhi. 3.Officer-in-Charge, HQ Northern Command, C/o 56 APO. PIN Code 908545. 4.Commanding Officer, 8 MTN. DOU ( Leh), C/o 56 APO Pin Code 909008. RESPONDENTS BY ADVOCATE: SH. SURESH VERMA ORDER (Oral)
HONBLE MS. RAJWANT SANDHU, MEMBER(A):-
This Original Application has been filed under Section 19 of the Administrative Tribunals Act, 1985 seeking the following relief:-
i) Entire records of the case may kindly be summoned.
ii) The present O.A. may kindly be allowed and a direction may kindly be issued to respondents to transfer the applicant from high altitude area (Leh) to some other unit posted in plain area.
2. The brief facts of the case are that the applicant initially joined the respondent no. 2 as Fireman on 13.10.2005 and further promoted to the post of Fire Engine Driver ( FED A) on 1.2.2010 and is at present working under the direct control and supervision of respondent no. 4. It has been averred that from the initial date of joining i.e. 13.10.2005 the applicant is posted at Leh ( J & K) which is a high altitude area. In mid 2012 due to continuing stay at high altitude area at Leh ( J & K) the applicant started complaining of breathlessness and after medical checkup at the Chest & T.B. Hospital, Amritsar, he was issued a medical certificate dated 13.10.2012 (Annexure A-1) and advised to avoid high altitude area where his health may be affected adversely. The applicant initially approached the respondent no.4 with a request to transfer him on medical grounds to some other unit in plain area and also made representation dated 21.10.2012 with the same request (Annexure A-2). Another representation was filed by him on 24.10.2013 in this regard (Annexure A-3) and ultimately the applicant approached respondent no.2 through representation dated 26.3.2013 (Annexure A-4). Since he received no response to these representations regarding his transfer out of Leh, hence the present O.A.
3. At the preliminary hearing on 3.7.2013, notice was accepted by Sh. Deepak Agnihotri, learned Sr. CGSC and time was sought by him to file the counter in the matter. On 9.7.2013, Sh. Suresh Verma, learned Standing Counsel has appeared on behalf of the respondents and sought time for filing counter. In spite of opportunity being given time and again no written statement has been filed till today.
4. Keeping in view the circumstances of the applicant as presented through this O.A. and the fact that he has been posted in Leh for more than 7 years and this high altitude posting is now affecting his health adversely, and no action has apparently been taken on his representations, Respondents 2,3,& 4 are hereby directed to decide the pending representation of the applicant dated 26.3.2013 (Annexure A-4) by way of a reasoned and speaking order, within a period of two months from the date a certified copy of this order is served upon them, and communicate the decision to the applicant. With this direction, the O.A. is disposed of.
(RAJWANT SANDHU) MEMBER(A) Dated: 27.09.2013 `SK