Central Administrative Tribunal - Allahabad
Kripa Shanker Shukla vs General Manager N C Rly on 7 October, 2021
Open Court
Central Administrative Tribunal, Allahabad Bench, Allahabad
This the 7th day of October, 2021.
Hon'ble Mr. Tarun Shridhar, Member (A)
Hon'ble Ms. Pratima K Gupta, Member (J)
Original Application No. 330/00817/2021
Kripa Shankar Shukla son of late Hausala Prasad Shukla resident of
Soraon Pati, Meja Khas, Meja Road, Prayagraj, Office address, office
superintendent, Karmik Department presently block G.L.J.8 Durvani
Nagar ADA Naini, Prayagraj - 211008
........... APPLICANT
By Advocate: Shri Rajesh Kumar Pandey
Versus
1. Union of India, through the General Manager, NCR (Head
Quarter)
2. Divisional Railway Manager NCR Prayagraj.
3. Senior Divisional Personal Officer NCR Prayagraj.
4. Assistant Personal Officer NCR Prayagraj.
..........RESPONDENTS.
By Advocate: Shri Shesh Mani Mishra.
ORDER
Delivered By Hon'ble Mr. Tarun Shridhar, Member (A) Shri Rajesh Kumar Pandey, learned counsel for the applicant and Shri Shesh Mani Mishra, learned counsel for the respondents, are present.
2. Heard learned counsel for both the parties and perused the records.
3. The applicant is aggrieved by his transfer to Tundla. Learned counsel for the applicant argues that this transfer order is bad in the 2 eyes of law and the respondents could not have transferred the applicant on grounds of his ill health. The supporting medical documents placed on record, according to him, indicate that the applicant cannot be transferred to a place where there is a railway crossing or frequent movement of trains.
4. Learned counsel for the respondents points out that there are no medical grounds to repeal the transfer order as the applicant has been redeployed / transferred within the same unit and since he is working as the Office Superintendent, he has no role to play in the railway track management or movement of trains.
5. We have heard the learned counsel for both the parties and perused the documents on record. We find that the supporting medical documents, does not, in any way, present any impediment to the transfer of the applicant. The applicant does not have any cogent ground to seek the reversal of his transfer by way of quashing the transfer order. However, we find on record that there is a representation which he has made to the Senior Divisional Personnel Officer, North Central Railway, Prayagraj which is said to be pending before the said authority.
6. This O.A. is disposed off with a direction to the Competent Authority, i.e., the Senior Divisional Personnel Officer that should the applicant comply with the order, he may take a considered view on the representation of the applicant about his transfer and dispose it off by way of a reasoned and speaking order within a period of six weeks from the date of receipt of a certified copy of this order.
7. The O.A. stands disposed off.
8. There shall be no order as to costs.
(Pratima K. Gupta) (Tarun Shridhar)
Member (J) Member (A)
(Ritu Raj)