Central Administrative Tribunal - Kolkata
Tanmay Tarafdar vs Defence on 7 July, 2022
Kee 8 CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH, KOLKATA OVA. No. 350/1196/2022 Date of Order! 07.07.2022 Coram: Hon'ble Ms. Bidisha Banerjee, Judicial Member Hon'ble Dr. (Ms.) Nandita Chatterjee, Administrative Member In the matter of :
Shr Tanmay Tarafdar S/O Smt. Uma Taratdar Aged about 388 years.
working as Senior Auditor posed at AQ. Rifle Factory Ishapare, PO Nawabganj, Dist 24 Parganas (North) 743144 Residing at Uttar Hosenpur, PO Aranghata PS Dhantala District --
Nadia WB Mobile 7001556855 Email [email protected] sone. Applicant . -Versus-
"4. Union. of India, service through the Secretary Ministry of Defence (Finance! North Block, New Dethi-d 10011.
2. Principal Accounts Controller (Factories) of "Ayudh Bhawan' 104A, S.K. Road, Kolkata 700001,
3. Controller of General of Defence Accounts Ulan Batar Road, Palam,. Delhi Cantonment, Pin 710010
4. Assistant Controller of Finance of Accounts (Factories), Accounts Office, Rifle Factory, Ishapore, PO Nawabganj, Dist 24 Parganas (North) 743144, eeveees Respondents For The Applicant(s}! Mr. MLK. Bandyopadhyay, Counsel Por The Respondent(s): Mr. P, N. Sharma, Counsel ORDEROMRALD Per: Ms. Bidisha Banerjee, Member (3) Heard Ld. Counsels for both sides.
2. 'This application has been preferred to seek the following relief "ta An order quashing ond/ar setting aside the impugned transfer. order of the applicant fram Kolkata te Pune dated 24.06.2022.
bJAn order directing the respondents concerned te consider the representation dated 26.06.2022. cjAny other order or further orderforders as to this Hon'ble Tribunal may sunt fit oad proper,"
whereby and whereunder he has been transferred from Kolkata to Pune, The applicant was allowed to exercise hie choice of station to where he can be transferred to and the applicant had exercised hig choice as hard/tenure station for transfer. However, he has been transferred to Prune instead, A, At hearing, Ld. Counsel for the applicant would seek.
consideration of the applicant's representation dated 28.06.2022 in the light of clause 8 G) of the transfer poliey, which reads as under?
"G) fe case where an emploree. oP a nieniher of his faarily is suiferony four serious. aihaeats suck ae Cancer, pollo, blndpess, mentabpsre Witeive dtsdrdes, paraivers. ete or ve diferendp abled:
POSBACSOA may at their discretion prant exemption from fransiere tor a specifiedinited perfed provided the disease je certified by the authorized speaalists and sunported by medical dvosumentepaners. The case will be seewed before the period of exempion is ever."
Ld. Counsel would submit that the applicant's mother is old, bed-vidden and is suffering from Bronchial Asthma being under treatment for the last 4 years, and, that, the applicant is the only earning member of the family and the sole caretaker of his mother. te
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5. In such view of the matter, having considered the medical condition of the child in the light of para 8 4) of the poliey {supra}, Wwe would dispose of the OA with a direetion upon the competent authority to look into the grievance of the applicant as projected 3 in the representation dated 28.06.2622 fat Annexure A°3 to the O.A.), consider the claim of the applicant sympathetically, keeping in mind the medical condition of the mother, and issue a reasoned and speaking order, in accordance with law,
5. The applicant has assailed the transfer order dated 24.06.2022 cer ated 3 within a period of 2 weeks from the date of receipt of a copy of this order. Till such time, the applicant may not be compelled to join his allocated place of posting nor shall any coercive action be taken against him.
6. It is made clear that we have not entered into the merit of this matter and, therefore, all points are kept open for consideration.
7. This OA, accordingly, stands disposed of. No costs. (Nandita Chatterjee) (Bidisha Banerjee) Member (A) Member (J) iets (38 SE UJ