Central Administrative Tribunal - Gauhati
Shri Chandra Bhal Prasad vs D/O Post on 22 April, 2021
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CENTRAL ADMINISTRATIVE TRIBUNAL
GUWAHATI BENCH
Original Application No. 043/00114/2021
Date of Order: This, the 22nd Day of April, 2021
THE HON'BLE SMT. MANJULA DAS, MEMBER (J)
THE HON'BLE MR. NEKKHOMANG NEIHSIAL, MEMBER (A)
Sri Chandra Bhal Prasad
Postal Assistant, Laitumkharah S.O.
P.O.-Laitumkharah S.O
Meghalaya, PIN-793003.
... Applicant
- Versus -
1. The Union of India
Represented by the Secretary
To the Government of India
Ministry of Communications and IT
Department of Post
Dak Bhawan, Sansad Marg,
New Delhi-110116.
2. The Chief Post Master General
North East Circle, Shillong
Shillong-793001.
3. Director of Postal Services
North East Circle, Shillong
Shillong-793001.
O.A. 043/00114/2021
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4. Senior Superintendent of Post offices,
Meghalaya Division, Shillong,
Shillong-793001.
5. Shri Checheng Sangma, PA
Tura Head Office,
P.O.Tura,
Dist-Garo Hills, Meghalaya,
PIN-.....
...Respondents.
For the Applicant : Sri S. Nath & Sri G.J. Sharma
O R D E R (ORAL)
MANJULA DAS, MEMBER (J):-
Being aggrieved with the impugned order dated 09.04.2021 issued by the respondent No. 4 i.e. Senior Superintendent of Post Offices, Meghalaya Division, Shillong whereby the applicant has been transferred from Laitumkharah SO, Shillong to Tura, Head Office, he has filed this O.A. under Section 19 of the Administrative Tribunals Act, 1985 seeking for the following reliefs:-
O.A. 043/00114/2021 3 "8.1 That the Hon'ble Tribunal be pleased to set aside and quash the impugned transfer order bearing No.B1/Rotational/Tfr dated 09.04.2021 (Annexure-A1) so far the applicant is concerned.
8.2 That the Hon'ble Tribunal be pleased to direct the respondents to consider transfer of the applicant against any of the vacant post of Postal Assistant in Shillong till his retirement on superannuation on 31.10.2022."
2. At the outset of moving the instant O.A, Sri S. Nath, learned counsel appearing for the applicant submitted that applicant is due to retire on superannuation on 31.10.2022. He accordingly, submitted representation dated 03.04.2021 before the competent authority for his retention at Laitumkhra Post Office on the ground that he has only 1 and ½ years of service left in his credit. He is a patient of neurological problem. But the respondent authorities without considering his representation dated 03.04.2021 issued the impugned rotational transfer order dated 09.04.2021. Sri Nath prayed that since the applicant is rendering his services at the present place at Laitumkhra O.A. 043/00114/2021 4 Post Office, Shillong, let applicant's pending representation dated 03.04.2021 be considered and disposed of first and till then, he shall not be disturbed.
3. By accepting the prayer made by Sri S. Nath, learned counsel for the applicant, without going into the merit of the case and without issuing notice upon the respondents, we direct the respondent No. 4 (Senior Superintendent of Post Offices, Meghalaya Division, Shillong) to consider the pending representation of the applicant dated 03.04.2021 and dispose of it by passing a reasoned and speaking order, within a period of three months from the date of receipt a copy of this order.
4. Whatever decision to be passed by the respondent No. 4 on the said representation dated 03.04.2021, shall be communicated to the applicant forthwith. Till then, applicant shall not be disturbed from his present place i.e. Laitumkharah SO, Shillong.
O.A. 043/00114/2021 5
5. With the aforesaid directions, O.A. stands disposed of accordingly, at the admission stage.
6. No order as to costs.
(NEKKHOMANG NEIHSIAL) (MANJULA DAS)
MEMBER (A) MEMBER (J)
PB
O.A. 043/00114/2021