Central Administrative Tribunal - Gauhati
Smt Sorokhaibam Rita Devi vs Navodaya Vidyalaya Samiti on 30 September, 2022
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CENTRAL ADMINISTRATIVE TRIBUNAL
GUWAHATI BENCH
Original Application No. 042/0218/2022
Date of order: This, the 30th day of September, 2022
HON'BLE JAYESH V. BHAIRAVIA, JUDICIAL MEMBER
Smt. Sorokhaibam Rita Devi (47 yrs), W/o Ningthoujam
Subashchandra Singh, Staff PGT-Commerce, presently residing
at JNV, Khumbong, Imphal West District, Manipur - 795113.
...Applicant
- Versus -
1. The Union of India
Represented by Secretary, Ministry of Education and
Development, Shastri Bhawan C. Wing, Dr. Rajendra Prasad
Road, New Delhi - 110001.
2. Navodaya Vidyalaya Samiti, represented by the
Commissioner, Head Quarter, B-15, Institutional Area,
Sector-62, Noida-201309, Dist.- Gautam Budh Nagar, Uttar
Pradesh.
3. Deputy Commissioner (Pers.), Navodaya VIdyalaya Samiti,
B-15, Institutional Area, Sector-62, Noida-201309, Dist.-
Gautam Budh Nagar, Uttar Pradesh.
4. Deputy Commissioner, Navodaya Vidyalaya Samiti,
Regional Office, Barik Point, Temple Road, Lachumiere,
Shillong - 793001.
5. Principal Navodaya Vidyalaya, Imphal West Khumbong,
District, Manipur - 795113.
6. Mrs. Charanga Rose Maring, PGT Commerce, Golaghat
Assam Shillong Region.
... Respondents
Present:
For applicant -- Sri M.G. Singh
For respondent(s): Smt. R.S. Chowdhury, N.V.S. S.C.
ORDER(ORAL)
This matter is taken up today through Video Conferencing with consent of counsels for parties.
2. Heard Sri M.G. Singh, Ld. Counsel for the applicant and Smt. R.S. Chowdhury, Ld. N.V.S. Standing Counsel for the respondents..
O.A.No.042/218/2022 2
3. In the instant O.A., the grievance of the applicant is that he is suffering from serious disease and as such, presently, she is under the treatment of chemotherapy at Tata Memorial Hospital, Mumbai. The applicant has submitted representation regarding review of the transfer order dated 26.07.2022. The applicant also has not been relieved. Under the circumstances, Ld. Counsel for the applicant submits that let appropriate direction be issued to the respondent not to disturb the present place of her posting.
4. On the other hand, on receipt of the advance copy of the O.A., Ld. N.V.S. Counsel submits that as such the applicant has not been relieved till date and at the time of transfer order; the applicant has not uploaded the details of her sickness. The applicant has submitted all the details of her sickness including the ongoing treatment of chemotherapy only on 29.09.2022. The competent authority by taking it into consideration, pass appropriate order on it. As such, as on today, the applicant has not been relieved and she has been allowed to continue in the place where she is posted before the transfer order was issued.
5. Considering the aforesaid submissions, more particularly, submission made on behalf of the respondents, I deem it fit to dispose of this O.A. at the admission stage with a direction to the respondents to consider the representation of the applicant which is stated to be submitted on 29.09.2022 and take appropriate decision within six weeks from today and intimate the said decision to the applicant forthwith. In the meantime, the applicant's service may not be disturbed and allow her to continue to hold the post at JNV Khumbong, Imphal West District. Ordered accordingly.
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6. With the above observations and directions, O.A. stands disposed of.
7. No costs.
(JAYESH V. BHAIRAVIA) MEMBER (J) `Sks//PB O.A.No.042/218/2022