Central Administrative Tribunal - Chandigarh
Ravi Sarangal Son Of Shri Sain Dass vs Union Of India Through The Secretary To ... on 4 April, 2012
CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH BENCH OA No. 295/JK/2012 Chandigarh, this the 4th day of April, 2012 Ravi Sarangal son of Shri Sain Dass, working as Commissioner of Income Tax, Jammu, resident of 149 A/D, Gandhi Nagar, Jammu. Applicant VERSUS 1. Union of India through the Secretary to the Government of India, Ministry of Finance, Department of Revenue, North Block, New Delhi-110 001. 2. The Chairman, Central Board of Direct Taxes, Department of Revenue, North Block, New Delhi. 3. The Member (P&V), Central Board of Direct Taxes, Department of Revenue, North Block, New Delhi - 110 001. 4. Shri K.S. Pathania, Chief Commissioner of Income Tax, Amritsar. Respondents Present: Mr. R.K.. Sharma, counsel for the applicant. Mr. K.K. Thakur, counsel for the respondents. O R D E R (ORAL)
HONBLE MR. JUSTICE S.D.ANAND, MEMBER (J):-
1. Counter filed on behalf of Respondents 1-3 & 4 as well as rejoinder filed thereto, are taken on record.
2. During the course of hearing, the learned counsel appearing on behalf of the applicant (under instructions from the applicant, who is present as well), states that this OA may be dismissed as withdrawn for the time being. He, however, wants that the competent authority may take care of his posting-related grievance at the time of routine transfers which have to be taken up during the current month itself.
3. In that context, it is pointed out that the applicant also has a widowed mother putting up in the ancestral house at Batala and he has a daughter who is in the midst of post 10 + 2 Class coaching, which would prepare her for various professional competitive examinations. The change of place, it is argued, could put up admission preparation in jeopardy. It is also pointed out that a son of the applicant is studying in +1 Class and any change qua system of study or otherwise, is likely to adversely effect his academic pursuit.
4. The applicant very fairly states that the house which came to be allotted to him at Amritsar on account of his posting at Jammu (in terms of the Government policy), could be and would be retained by him till effecting of the general transfers. He places on record that he has already had postings at Amritsar and Bombay; whereas he had never had posting at Ludhiana, Jullandhar, Pune or Chandigarh.
5. In the context of the above indicated facts raised on behalf of the applicant, the learned counsel for the Respondents states that the posting-related grievance of the applicant would be duly considered by the competent authority at the time of general transfers. He is not under instructions to make a commitment therefor.
6. While, thus, dismissing the OA as withdrawn for the time being, I trust and expect the competent authority to grant due consideration to the posting-related grievance of the applicant as averred in the course of OA and also during the course of hearing. It is to state the obvious that it is only a contented work force which can, by virtue of concentrated competence, add to the efficacy of functioning of the dispensation.
7. In the context of a plea made on behalf of the applicant, during the course of the hearing, that he may be granted leave for a period of 1-2 months, the learned counsel appearing on behalf of the Respondents states that the leave applied for, shall be granted to the applicant if he raises the relevant plea after joining at the transferred place.
8. In the light of this manner of disposal of the OA, neither side is insisting upon an adjudication qua the validity or otherwise of the allegations of malafides for the time being.
9. The applicant reserves his right to re-agitate the allegations of malafides, if need be; while the private respondent and other respondents too reserve their right to controvert.
10. It is, however agreed that the applicant shall relinquish the charge of office at Jammu on 9.4.2012.
11. The determinative outcome is culled out as under:-
(a) The OA is dismissed as withdrawn.
(b) The parties reserve their stance qua the validity or otherwise of the allegations of mala fides.
(c) The applicant shall, as agreed, relinquish at Jammu on 9.4.2012 and join, thereafter, at Bathinda.
(d) If the applicant applies for the grant of leave for a period upto two months, the grant thereof shall be considered favourably.
(e) The application for the grant of leave shall be filed after the applicant has joined duty at Bathinda.
(f) At the time of general transfers, the competent authority shall grant consideration to the postings-related grievance of the applicant.
12. Disposed of accordingly. (JUSTICE S.D.ANAND) MEMBER (J) ND* 1 (OA No. 295/JK/2012))