Central Administrative Tribunal - Lucknow
Umesh Chandra vs Defence on 20 December, 2024
CENTRAL ADMINISTRATIVE TRIBUNAL
LUCKNOW BENCH
Original Application No. 332/00816/2024
This, the 20th day of December, 2024
HON'BLE MR. JUSTICE ANIL KUMAR OJHA, MEMBER (J),
Umesh Chandra, aged about 48 years, son of Late Babu Ram,
Permanent resident of House No. L.I.G. 24, Kaushalpuri Colony
(Phase II), Post Faizabad, Tehsil- Sadar, Pargana- Haveli Avadh,
District Ayodhya, U.P., Temporary Address- House No. C-1 (F)
Parshvnath City, Near Time of India, Lucknow (U.P.).
..Applicant
By Advocate: Shri Praveen Kumar.
VERSUS
1. Union of Indian through its Secretary, Ministry of Defence, Room
No. 6A, South Block, New Delhi-110011.
2. The Adjutant General, Integrated Head Quarter of Ministry 20 of
Defence (Army), Sena Bhawan, New Delhi-110011.
3. The Directorate General of Infantry/Inf-6 (Pers), General Staff
Branch, Integrated Head Quarter of Ministry of Defence (Army),
New Delhi-110011.
4. The Inspector of Records, MP-8 (I of R), Integrated Head Quarter
of Ministry of Defence (Army), West Block-3, R.K. Puram, New
Delhi-110066.
5. The Director, Ministry of Personnel Public Grievances and
Pensions (Department of Personnel and Training), North Block, New
Delhi-110011.
6. Officer-in-charge Records/Commandant-11 Gorkha Rifles
Regimental Centre, Lucknow Cantt. U.P.-226002.
7. Chief Records Officer/Commanding Officer, 11 Gorkha Rifles,
Lucknow Cantt. U.P.-226002. Records
8. Chief Record Officer/Commanding Officer, Record, The Records
Dogra Regiment, Ayodhya Cantt, U.P.-224001.
.....Respondents
By Advocate: Ms. Prayagmati Gupta.
Page 1 of 3
O R D E R (ORAL)
Heard the learned counsel for the applicant, learned counsel for the respondents and perused the records.
2. Through this O.A., applicant has prayed for the following reliefs:
"A. To quash the impugned order dated 15.12.2023 & 21.10.2024 passed by Deputy Director for Adjutant General on behalf of the Respondent No. 2 in pursuant of the directions issued by the Respondent No. 4 contained in Annexure No. 1 & 2 to this original application, and also the order dated 29.12.2023 passed by Respondent No. 8. in the interest of justice.
B. To direct the opposite parties to forth-with consider the case/grievance of the applicant according to rules and applicant should be provided transfer from Records 11 Gorkha Rifles, Cantt. Lucknow to Records the Dogra Regiment, Ayodhya, Cantt. Hon'ble the Central Administrative Tribunal, Lucknow, in the interest of justice.
C. To direct the respondent to forthwith stay the transfer order passed by the Respondent No. 4 and Respondent No. 8.
D. To direct the Respondent No. 4 to forthwith stay on vacant vacancy of one SC candidate in record office, Dogra Regiment, Ayodhya Cantt w.e.f 01 Feb, 2021 after retirement of OS Kishan Lal and forthwith consider the grievance of applicant according to rules of Ministry of Home Affairs OM No. 1/1/67-CC dated 30 Jan, 1967 Govt. of India, Ministry of Personnel, Public Grievances and Pension (Dop& T) OM No. 36012/3/89-Estt (SCT) Vol-III dated 09.03.1989 received vide Min of Def/D(JCM) No. 25(5) 89/SCT/D (JCM) dated 21.03.1989 and Proforma-I Respondent No. 4 Office Letter No. A/71018/MP-8 (I of R) (c) dated 03 Sep, 2014 and Proforma-I of Respondent No-8 Office Letter No. 0464/XX/LA (Civ) dated 06.09.2019 and Proforma-I of Respondent Office Letter No. 0464/X/LA (Civ) dated 07.10.2023.
E. To direct the Respondent No. 4 to forthwith stay on two vacancies which are being vacant w.e.f. 01.05.2025 on the retirement of OS Ved Prakash Shukla on 30.04 2025 and w.e.f. 01.07.2025 on the retirement of OS Anil Kumar Mishra on 30.06.2025 of Records Dogra Ayodhya Cantt. as per Ser No. 01 and 02 of seniority roll of OS as on 30 Aug, 2024issued by Respondent No. 4 and may not be transferred/posted to any junior OS on the vacant vacancies of Records Dogra, Ayodhya Cantt. without consideration of applicant's grievances as applying applications before on 10 Sep, 2023, 29 Jan, 2024, 07 Mar, 2024 and 16.08.2024 duly recommended by CRO/CO of concerned Record Offices for consider the grievance of applicant according to rules of husband and wife at the same station at Records Dogra, Ayodhya Cantt according to Respondent No-4 Office Letter No- A/48188/3/org 8 (I of R) (c) dated 01.09.1986 under which Govt. of India, Ministry of Personnel, Public Grievances and Pension Department of Personnel and Training Office Memorandum No. 28034/7/86-Estt. (A) dated 03.04.1986has been informed to all Records Office by their implementation by Respondent No. 4 and on the same subject issued other OM No. 28034/2/97-Estt (A) dated 12.06.1997 and OM No. F No. 028034/9/2009-Estt.(A) dated 30.09.2009.
F. Such other order or direction as deemed just and appropriate in the facts and circumstances including and order as to costs in favour of applicant/Applicant may also be issued in the interest of justice.
G. To allow this original application with cost"
3. At the outset, learned counsel for the applicant submitted that through MA No. 3124 of 2024, applicant has prayed that he Page 2 of 3 would be happy and satisfied if a direction is given by this Tribunal to the respondents/competent authority to consider and dispose of the his representation which is attached as Annexure No.-1 [page -
4) to this M.A. by way of reasoned and speaking order within a stipulated period of time. It is further prayed that till the disposal of the representation, respondents may be directed to keep one post vacant at Ayodhya as two posts are available now.
4. To this, learned counsel for the respondents orally opposed that spouse posting on the same station is not a vested right, however, submitted that in case the applicant's representation is directed to be decided in the manner suggested, then a period of at least two months' time may be allowed for the same.
5. In view of the above submissions, respondents/ competent authority are directed to consider and decide the representation of the applicant attached as Annexure No. 1 [page - 4) to M.A. No. 3124 of 2024 and pass a reasoned and speaking order as per law within a period of two months from the date of receipt of certified copy of this order, under intimation to the applicant forthwith. Till the decision is taken on the representation of the applicant, respondents are directed to keep one post vacant subject to vacancy as on date.
6. It is made clear that nothing has been commented upon the merits of the case.
7. The OA is disposed of accordingly.
There is no order as to costs.
(Justice Anil Kumar Ojha) Member (J) Digitally signed by Jay Narayan Singh Date: 2024.12.23 '10:57:34 +05'30 Page 3 of 3