Central Administrative Tribunal - Allahabad
Mes No. 470066 H.C. Kandpal (Udc) S/O ... vs Union Of India Through The Defence ... on 26 April, 2011
Open Court CENTRAL ADMINISTRATIVE TRIBUNAL ALLAHABAD BENCH ALLAHABAD ***** (THIS THE 26th OF APRIL 2011) Honble Mr. A.K. Bhardwaj, Member (J) Original Application No. 1347 of 2010 (U/S 19, Administrative Tribunal Act, 1985) 1. MES No. 470066 H.C. Kandpal (UDC) S/o late Shri Krishna Nand Kandpal, R/o Qtr. No. 18/8 DCA Colony Sadar Bazar, Bareilly Cantt. (U.P) presently working Garrison Engineer (West) MES, Bareilly Cantt. 2. MES No. 439553 Sanjay Singh Negi (UDC) S/o Late Shri Gopal Singh Negi R/o 316 Defence Colony Bareilly presently working GE (P) Bareilly Cantt. 3. MES No. 457143 S.K. Bajaj (UDC) S/o late Shri Shyam Lal Bajaj R/o 57 Hill Track Road, Bareilly Cantt. Presently working GE (P) Bareilly. 4. MES No. 420025 Lalit Mohan (O/S) S/o Late Anant Ram R/o 67/1 MES Colony Badaun Road, Bareilly presently working H.Q. CWE, Bareilly. Applicants Versus 1. Union of India through the Defence Secretary Ministry of Defence, Govt. of India South Block, New Delhi-110011. 2. The Engineer-in-Chief, Engineer-in-Chief Branch, A.H.Q. Kashmir House, Rajaji Marg, New Delhi 110011. 3. The Chief Engineer, Central Command Lucknow 2 (U.P). 4. The Chief Engineer Bareilly Zone, Sarvatra Bhawan Station Road, Bareilly Cantt. (U.P). 5. The Commander Works Engineer (CWE) MES Station Road, Bareilly Cantt. 6. The Garrison Engineer (W), MES, Bareilly Cantt. 7. The Garrison Engineer (P), MES, Bareilly Cantt. Respondents Present for Applicant : Shri R.C. Pathak Present for Respondents : Shri Anil Kant Tripathi O R D E R
The Applicant has filed the present O.A. making the following prayers:-
(i) To issue suitable order or direction by way of certiorari quashing the orders dated 9.8.2010 and 14.06.2010 issued by the respondent NO. 3 shown as Annexure A-1A, A-1A & A-2 to this O.A.
(ii) To issue suitable order or direction by way of mandamus directing the respondent No. 3 to follow up the posting/transfer policies as issued by the respondent NO. 2 in the case of the applicants.
(iii) To issue suitable order or direction by way of mandamus directing the respondent NO. 3 not to make discrimination in issuances of posting/transfer orders of Group C according to the policies of posting/transfer including the posting in Command Manning Level (CML) in the case of the Applicants.
(iv) To issue suitable order or direction by way of mandamus directing the respondent NO. 3 clearly show the current position of deficiencies on the station for posting/transfer of Group C employees including the applicants.
(v) To issue suitable order or direction by way of mandamus directing the Respondent NO. 3 not to violate the provisions given in the policies of posting/transfer (CML) of Group C by posting the applicants visa-versus as order on 14.06.2010.
(vi) To issue suitable order or direction as Honble Tribunal deem fit and proper in the circumstances of the case of the applicants.
(vii) To award the cost of the original application.
2. Shri Anil Kant Tripathi, learned counsel for the applicant makes a statement at bar that the posting order of the applicant to C.W.E. Meerut has since been cancelled.
3. In view of such statement made by learned counsel for the respondents, O.A. is disposed of as infructuous. No order as to costs. Member (J) Manish/-
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