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Central Administrative Tribunal - Allahabad

Rakesh Kesarwani vs National Small Industries Corporation ... on 22 September, 2021

                                                OA No.330/00621/2021




                                                       Open Court


              CENTRAL ADMINISTRATIVE TRIBUNAL
                    ALLAHABAD BENCH
                        ALLAHABAD.

           Allahabad, this the 22nd day of September, 2021


Original Application No. 330/00621/2021

Hon'ble Mr. Tarun Shridhar, Member (Administrative)
Hon'ble Ms. Pratima K Gupta, Member (Judicial)

Rakesh Kesarwani, a/a 57 years, Son of Sri Ram Das Kesarwani,
Chief Manager (Law), The National Small Industries Corporation
Limited, (a Government of India Enterprises), Branch Office Kanpur.

                                                      . . .Applicant

By Advocate : Shri Chandra Bhan Gupta

                             VERSUS

  1. Union of India, through Secretary, Ministry of Micro, Small &
     Medium Enterprises, Government of India, New Delhi.
  2. The National Small Industries Corporation Limited, NSIC
     Bhawan, Okhla Industrial Estate, New Delhi, through its
     Chairman-cum-Managing Director.
  3. General Manager (HR/L&T), The National Small Industries
     Corporation Limited, NSIC Bhawan, Okhla Industrial Estate,
     New Delhi.
  4. Senior Manger, The National Small Industries Corporation
     Limited, Branch Office at 2nd floor, 113/1 Bena Jhabar, Kanpur
     Nagar.
                                                   . . .Respondents

By Advocate : Shri V.K. Shukla

                             ORDER

By Hon'ble Mr. Tarun Shridhar, Member (Administrative) Shri Chandra Bhan Gupta, learned counsel for the applicant and Shri V.K. Shukla, learned counsel for the respondents are present.

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OA No.330/00621/2021

2. The applicant is aggrieved by order of his transfer dated 11.08.2021 by which he has been transferred from post of Chief Manger (Law) Branch Office Kanpur to Branch Office Hyderabad of the National Small Industries Corporation Limited.

3. Learned counsel for the respondents submits that he is filing the counter affidavit which may be taken on record.

4. Learned counsel for the applicant submits that the applicant is due for retirement on attaining the age of superannuation in the year 2013, therefore, in view of the very limited period of service his case of transfer should be reviewed on this ground.

5. Learned counsel for the respondents confirms that the applicant has since also been relieved from Kanpur on 07.09.2021.

6. Since the applicant already stands relieved, no fruitful purpose will be served in keeping this matter pending at this stage and it is disposed off finally with the direction to the respondents that they may take a sympathic and considerate view in the matter as the applicant is going to retire within two years. The applicant may make a comprehensive representation to this effect before the respondents.

7. It is made clear that we have not expressed any opinion on the merits of the case nor given any specific direction in the particular Page 2 of 3 OA No.330/00621/2021 case. The direction is only given for consideration of the case of the applicant. The respondents will pass an order on this effect within a period of two weeks from the date of receipt of certified copy of this order.

8. In view of the above direction, the OA is disposed off. No order as to costs.

9. All the MAs pending in this OA are disposed of as having become infructuous.

         (Pratima K Gupta)                  (Tarun Shridhar)
          Member(Judicial)               Member(Administrative)



RKM/




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