Central Administrative Tribunal - Allahabad
Abhishek Tripathi vs Cgda on 14 February, 2025
CAT ALLAHABAD BENCH OA No 122/2025 Abhishek Tripathi Vs UOI
Oral
CENTRAL ADMINISTRATIVE TRIBUNAL,
ALLAHABAD BENCH, ALLAHABAD
This the 14th day of February, 2025
Hon'ble Mr. Rajnish Kumar Rai, Member-J
Original Application No. 122 of 2025
Abhishek Tripathi a/a 34 years S/o Late H.C. Tripathi R/o 294/4 Babu Purva
Colony, Kanpur.
Presently posted as Auditor in the office of PCDA, Prayagraj under CGDA.
Applicant
By Advocate: Shri Deepak Maurya
-versus-
1. Union of India through Secretary (Ministry of Defence) South Block,
New Delhi-110001.
2. Controller General of Defence Accounts Ulan Batar Road, Palam, Delhi
Cantt-110010.
3. Principal Controller of Defence Accounts (Pension) Prayagraj having its
Office at Draupadi Ghat, Prayagraj 211014.
4. Senior Accountant (Administration) in the Office of Principal Controller
of Defence Accounts (Pension) Prayagraj having its Office at Draupadi Ghat,
Prayagraj 211014.
Respondents
By Advocate: Shri Shree Prakash Rai
O R D E R (ORAL)
MANISH MEHROTRA Sri Deepak Maurya, learned counsel for the applicant and Sri Shree Prakash Rai, learned counsel for the respondents are present.
2. The instant O.A has been filed by the applicant praying for the following relief(s):
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CAT ALLAHABAD BENCH OA No 122/2025 Abhishek Tripathi Vs UOI "(A) To set aside the order dated 24.12.2024 passed by respondent no.-3 and issued by the respondent no-4.
(B) To set aside the order dated 03.01.2025 passed by respondent no. 3.
(C) To Decide the representation dated 30.12.2024 by a reasoned and speaking order.
(D) To issue an order or direction may deem fit and proper in the facts and circumstances of the case.
(E) To award the cost to the applicant."
3. The applicant was initially appointed as Auditor on compassionate ground in the year 2017 at Kanpur (U.P.). Recently, he was transferred to Prayagraj and joined there on 20.06.2022. In November, 2024, an all India-
Transfer exercise took place, but the applicant's name was not included at that time. However, vide transfer order dated 24.12.2024, he has been transferred to the Office of SPARSH ARMY - 1, Belgaum, PCDA, Bengaluru.
4. Learned counsel appearing for the applicant submitted that the impugned order dated 24.12.2024 is bad in law because the respondents failed to take into consideration the transfer guidelines dated 24.03.2023 issued by the Union of India. Learned counsel for the applicant mainly relying on para-4 of the aforesaid transfer guidelines, which reads as under: -
"(4) For Prayagraj and Delhi Station, the transfer alert will be treated on completion of five years at the station.
However, tenure of AAOs, SAs, and Adrs serving in HQrs office and deputation will be excluded from their overall MANISH MEHROTRA tenure."
It is further submitted that the mother of applicant is aged about 66 years and she is totally bed ridden and his wife has been suffering from Panic Disorder and Agoraphobia and her treatment is going on. Against the aforesaid transfer order, the applicant has moved a representation dated Page 2 of 4 CAT ALLAHABAD BENCH OA No 122/2025 Abhishek Tripathi Vs UOI 30.12.2024. However, till date the representation has not been decided by the respondents. Hence the present Original Application has been filed by the applicant.
5. The applicant has also prayed for interim relief to stay the impugned transfer order dated 24.12.2024 issued by the respondents.
6. Learned counsel for the respondents submitted that the transfer order has been passed in administrative exigency and the applicant has already been relieved from his present place of posting. Hence, there is no merit in the O.A. and same may be dismissed.
7. Learned counsel appearing for the applicant is mainly relying on the transfer policy of the respondents' department and submitted that in violation of the transfer policy, the respondents have transferred him to a distant place. Learned counsel for the applicant has also submitted that the mother of applicant is bed ridden and applicant's wife is suffering from Panic Disorder and Agoraphobia and her treatment is going on. The relevant parts of the aforesaid Transfer Policy are quoted as follows: -
"8(i) In case where an employee or a member of his family is suffering from serious ailments such as Cancer, polio, blindness, mental/ psychiatric disorder, paralysis etc. or is differently- abled; PCsDA/CsDA may at their discretion grant exemption from transfers for a specific/limited period provided the disease is certified by the authorized specialists and supported by medical documents/papers. The case will be reviewed before the period of exemption is over.. . . . . .
8. In view of the limited prayer made by the applicants' counsel, no MANISH MEHROTRA fruitful purpose would be served in keeping the matter pending. Hence, OA is disposed of, at the admission stage itself, with direction to the competent authority amongst the respondents to consider and decide the pending representation dated 30.12.2024 of the applicant in the light of extant rules, quoted above, by passing a reasoned and speaking order within a period of Page 3 of 4 CAT ALLAHABAD BENCH OA No 122/2025 Abhishek Tripathi Vs UOI 02 months from the date of receipt of a certified copy of this order. Till such time the representations are disposed of, the applicant will not be disturbed from his present place of posting, i.e., P.C.D.A., Prayagraj if, he has not already relieved. The order so passed on the aforesaid representation of the applicant, shall be communicated to him forthwith.
9. It is made clear that this Tribunal has not entered into the merits of the case. No order as to costs.
(Rajnish Kumar Rai) Member (J) /M.M/ MANISH MEHROTRA Page 4 of 4