Delhi High Court - Orders
Lakshmi Bhavya Tanneeru vs Union Of India & Ors on 30 July, 2021
Author: Rajiv Shakdher
Bench: Rajiv Shakdher, Talwant Singh
$~2 (2021)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5533/2021
LAKSHMI BHAVYA TANNEERU ..... Petitioner
Through Mr. Anwesh Madhukar, Mr. Pranjal
Shekhar and Mr. Abhishek Sandiliya,
Advocates.
versus
UNION OF INDIA & ORS. ..... Respondents
Through Ms. Bharathi Raju, CGSC for R-1.
Ms. Madhumita Bhattacharjee, Ms.
Srija Chowdhury and Mr. Annat,
Advs. for R-2/State of West Bengal.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
HON'BLE MR. JUSTICE TALWANT SINGH
ORDER
% 30.07.2021 [Court hearing convened via video-conferencing on account of COVID-19] CM APPL. 17154/2021
1. Allowed, subject to just exceptions.
W.P.(C) 5533/2021 & CM APPL. 17155/2021 [Application filed on behalf of the petitioner seeking leave to file additional documents] CM APPL. 17156/2021 [Application filed on behalf of the petitioner seeking exemption from filing complete record of the pleadings filed by the parties before the Tribunal]
2. This writ petition has been filed against the order dated 02.02.2021, passed by the Central Administrative Tribunal (in short „the Tribunal‟) in O.A./1299/2020, whereby, in effect, respondent no.2/State of West Bengal was asked to consider the matter afresh and take a decision with regard to the grievance of the petitioner, that she has not been transferred to the State W.P.(C) 5533/2021 1/3 Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:03.08.2021 01:28:34 of Tamil Nadu, where her husband is located.
2.1. Both the petitioner and her husband belong to All India Civil Services. To be noted, the petitioner belongs to the West Bengal cadre while her husband belongs to the Tamil Nadu cadre.
2.2. The record also shows that, the State of Tamil Nadu has issued a no objection qua the acceptance of the petitioner in Tamil Nadu cadre.
3. We may note that, notice in this petition was issued on 28.05.2021, when respondent no.2/State of West Bengal was represented by Ms. Madhumita Bhattacharjee. On that date, four weeks‟ were granted to file the counter-affidavit.
3.1. On 12.07.2021, once again, time was sought on behalf of respondent no.2/State of West Bengal to file the counter-affidavit, and accordingly, further one week was granted for the said purpose. 3.2. Today, once again, Ms. Battacharjee seeks further time to file the counter-affidavit in the matter.
3.3. Given the foregoing, we are constrained to note that, there has been an enormous delay on the part of respondent no.2/State of West Bengal in the matter, as it has neither complied with the direction contained in the impugned order of the Tribunal, nor filed the counter-affidavit in this Court.
4. In the aforesaid circumstances, further one week is granted to respondent no.2/State of West Bengal to file a counter-affidavit in the matter along with the decision, if any, taken, pursuant to the order of the Tribunal dated 02.02.2021, albeit subject to payment of cost of Rs. 25,000/- to the petitioner. The cost will be paid before the next date of hearing.
W.P.(C) 5533/2021 2/3 Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:03.08.2021 01:28:345. List the matter on 10.08.2021.
RAJIV SHAKDHER, J TALWANT SINGH, J JULY 30, 2021 rb Click here to check corrigendum, if any W.P.(C) 5533/2021 3/3 Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:03.08.2021 01:28:34