Central Administrative Tribunal - Bangalore
Vijayakumara Salimath vs Chief Secretary To Government Of ... on 20 October, 2022
1 OA.No.170/00427/2022/CAT/BANGALORE
CENTRAL ADMINISTRATIVE TRIBUNAL
BANGALORE BENCH
ORIGINAL APPLICATION NO.170/00427/2022
DATED THIS THE 20th DAY OF OCTOBER, 2022
CORAM:
HON'BLE SHRI RAKESH KUMAR GUPTA, MEMBER (A)
Sri Vijayakumara Salimath, IFS
S/o late Shivananda Salimath,
Aged 49 years, (WB-2003)
(West Bengal) on inter-cadre
Deputation to State of Karnataka,
Chief Conservator of Forests
Awaiting posting
Residing at No. 1747, 6th Main,
Judicial Layout,
Yelahanka,
Bengaluru-560 065. ....Applicant
(By Advocate Shri Jayanth Dev Kumar)
Vs.
State of Karnataka,
By its Chief Secretary to Government,
Department of Personnel and Administrative
Reforms,
Karnataka Government
Secretariat,
Vidhana Soudha,
Bengaluru-560001. ...Respondent
2 OA.No.170/00427/2022/CAT/BANGALORE
O R D E R (ORAL)
PER: SHRI RAKESH KUMAR GUPTA, MEMBER (A)
The present Original Application has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 seeking direction to the respondent to consider his representations dated 11.08.2022 and 13.09.2022 and issue appropriate orders.
2. The applicant has pleaded that he is an IFS Officer, allotted to West Bengal cadre. Pursuant to the request of the applicant, the Government of India by an order dated 25.03.2019 had granted inter-cadre deputation to the applicant from West Bengal cadre to Karnataka cadre on personal grounds for a period of three years. The applicant vide his representation dated 23.10.2021 had sought for a further extension of two years as permissible under the Cadre Rules. However, there was no decision on his representation and the applicant was relieved by the State of Karnataka vide notification dated 31.03.2022.
3. The applicant had approached this Tribunal in OA No. 187/2022 seeking for an interim stay of the notification dated 31.03.2022 vide which the applicant was relieved by the State of Karnataka. This Tribunal vide its order dated 25.05.2022 had issued a notice to the respondent. It did not grant interim prayer as sought for.
4. The applicant preferred a Writ Petition No. 10239/2022 before the Hon'ble High Court of Karnataka. The Hon'ble High Court of Karnataka 3 OA.No.170/00427/2022/CAT/BANGALORE vide its interim order dated 27.05.2022 directed the respondents therein to not give effect to the impugned notification dated 31.03.2022 vide which the applicant had been relieved by the State of Karnataka.
5. The applicant subsequently reported for duties at the office of the respondent on 30.05.2022, submitting a copy of the interim order of the Hon'ble High Court. However, the applicant has not been given any posting.
6. The applicant has submitted written representations dated 11.08.2022 and 13.09.2022 reiterating his request for posting. However, no decision has yet been taken on his representation.
7. Learned counsel for the applicant has submitted that the applicant will be satisfied if the present Original Application is disposed of with a direction to the respondent to decide his pending representations dated 11.08.2022 and 13.09.2022 within a timeframe and pass a detailed speaking order.
8. Keeping in view the aforestated limited prayer made by learned counsel for the applicant, I deem it appropriate to dispose of the present Original Application at the admission stage itself without entering into the merits of the case.
9. Accordingly, the Original Application is disposed of with a direction to the Respondent to decide the applicant's pending representation dated 11.08.2022 and 13.09.2022 and pass a reasoned and speaking order in accordance with law. Before taking such a decision, the applicant may also be afforded an opportunity of hearing. The whole exercise shall be 4 OA.No.170/00427/2022/CAT/BANGALORE undertaken within a period of 04 weeks from the date of receipt of a certified copy of this order.
10. Ordered accordingly. However, there shall be no orders so as to costs.
(RAKESH KUMAR GUPTA) MEMBER (A) /HY/