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1. This application has been filed under Section 19 of the Administrative Tribunals Act, 1985 against Office Memorandum dated 05.07.2023 and 08.08.2023 vide which the representation of applicant has been rejected by respondent no. 2. The brief facts leading to filing of this OA are that the applicant was appointed as Lower Division Clerk under the respondents on 13.04.1989. On 31.08.1992 by virtue of open selection the applicant was appointed as Assistant (Finance and Accounts). He joined service at IMTECH, Chandigarh. The applicant was selected as Section Officer (F&A) and was posted to IHBT at Palampur. He continued to work at Palampur from 2002 to November, 2005 and he was posted to CSIO, Sector 30, Chandigarh. He continued to work there as SO (F&A) Chandigarh till 2013. In April, 2013, applicant was promoted as Finance & Accounts Officer and was again posted at IHBT, Palampur where he continued till 2015. In 2015, the applicant was again posted from IHBT, Palampur to IMTECH, Chandigarh when he was selected by virtue of merit and interview as Controller of Finance & Accounts vide order dated 28.12.2020 and was posted at Lucknow. Due to severe COVID Pandemic- 2019 all the selected/ promoted Officers were adjusted at the same place though at the relevant time since the applicant was not facing any medical problems he gave willingness Choice Station of promotion i.e. Dehradun, Roorkee, Palampur, Pilani and Goa but he was posted at CSIR IMTECH, Chandigarh as CFAO vide letter dated 28.12.2020. Copy of Order dated 28.12.2020 is enclosed as Annexure A-3. respondents vide its order dated 03.03.2021 transferred the applicant from CSIR-IMTECH, Chandigarh to CDRI, Lucknow and was directed to join by 01.05.2021. A copy of order dated 30.03.2021 is annexed as Annexure A-3/A. The applicant and his wife got infected with Covid-19 and developed several problems after it. The applicant submitted various medical reports (A-4) for retention at Chandigarh. The applicant took shelter of Post Graduate Institute (PGI), Chandigarh who too initially treated him for ENT problem but finally opined that in fact the applicant is suffering from acute chronic disease namely "PEMPHIGUS VALGARIS" which is a life threatening. Applicant submitted another representation through proper channel to the respondents on 06.07.2021 and another representation dated 05.08.2021 but the applicant got relieved on 03.09.2021. The applicant applied for half pay leave from 04.09.2021 to 04.11.2021 (A-12). The applicant again sent representations through mail dated 20.09.2021 (A-14) and 03.10.2021 (A-15). The applicant has been directed by PGI department to continue his treatment. a copy of the PGI OPD Card dated 13.10.2021 is enclosed as Annexure A-16. The wife of applicant is also suffering from various diseases. The applicant submitted various representations stating that he has only 01 year and 07 months service .The applicant has come to know that on one hands his case is not considered yet on the other hand has retained various persons at the same station without any necessity because these persons have good rapport with high ups. Annexure A-3/A is testimony to this fact as persons at serial nos.3, 7, 8, 11, 12, 16, 34, 74, 77, 84, 120 and 140 of General Cadre, 1,4,13,14,22,26,32,36,38,40,43 to 46,50,52,73,74 of Finance and Accounts Cadre 8, 25, 37, 35 of Store and Purchase Cade are retained at the same station without real necessity whereas deserving case of the applicant is not considered Hence the present OA.

3. Rejoinder to the said written statement has also been filed by the respondents stating that the applicant made representation dated 05.08.2021 and has also filed OA No. 1227 of 2021 which was withdrawn by the applicant vide order dated 09.03.2022 since the applicant was allowed to continue at the same place of posting since the services of applicant was essentially required by CSIR-IMTECH and was made to rejoin on 17.02.2022. the applicant has further stated that the undertaking was given by him when he not suffering from any chronic disease and with the passage of time his medical condition worsened. In the rejoinder, the applicant states that he is suffering from a life threatening disease and requires treatment. The applicant has further relied upon transfer policy of respondents (A-19) vide which it is stated that requests from CCOs having only 03 years or less service before retirement may be considered for posting at the present or choice station on promotion or otherwise, at the discretion of the competent authority. The applicant has further stated that the he and his wife who is a state gov employee cannot be transferred at fag end of his service when he is left out with only eight months of service and is also undergoing treatment from PGIMER. The applicant submits that post of Controller of Finance and Accounts is vacant at CSIR-CSIO at Chandigarh and he can be adjusted till the age of superannuation i.e. 31.03.2025

(ii) Transfer on compassionate grounds will be subject to availability of vacancies and other administrative exigencies.

6. In view of above, this OA is disposed of with direction to respondents to constitute a Medical Board qua the diseases suffered by applicant in terms of Annexure A-19 ( page 69 of the paper book ) and thereafter look into the matter of the applicant in view of the transfer policy ( A-

19) para 2 and 4 supra ( page 69 of the paper book ) Till the said exercise is done, the applicant shall be allowed to work at the same place of posting i.e. Chandigarh as Controller Finance and Accounts at O/o CSIR-CSIO.