CENTRAL ADMINISTRATIVE TRIBUNAL
BANGALORE BENCH, BANGALORE
ORIGINAL APPLICATION NO.159/2011
THURSDAY, DATED THIS THE 21ST DAY OF APRIL, 2011
HON'BLE SMT. LEENA MEHENDALE ...MEMBER(A)
Mr.A.R.Shine,
S/o A.R.Ramachandran Nair,
Aged about 57 years,
Residing at P6/1, No2, AF SB,
Chamundi Vihar Complex,
Mysore – 11. ...Applicant
(By Advocate Shri A.N.Mattara)
Vs.
1. The Chief Engineer,
Southern Command,
Headquarters,
Pune – 411 011.
2. Union of India,
Rep. By the Secretary of Defence,
South Block,
New Delhi.
3. Asst. Garrison Engineer (I) AF,
Chimney Hills,
Chikkabanavara,
Bangalore – 560 090. ...Respondents
O R D E R (ORAL)
The learned Counsel for applicant has taken me through Annexure A1, which is the transfer order for the applicant from Chimney Hills to Kalinga dated 22.12.2009 against which a movement order was not issued by the CE, Bangalore and the applicant continued to be stationed at Chimney Hills, Bangalore but was physically working at Mysore as an informal arrangement. On 1.2.2011 vide Annexure A3 he gave his three choice of the stations as Kochi, Mysore and Bangalore in response to which and also in response to his earlier representations not to send him to Kalinga (Orissa), the CE(AF), Bangalore was informed by the Southern Command Headquarters, Pune that under letter
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No.132601/11/CML-09/JE(Civ)/187/E(S)/A1(a) dated 3.2.2011 the posting of the applicant was already diverted from GE(I)(P) Kalinga to G(P)(Navy) Vizag. The applicant has also stated that Annexure A4 dated 26.3.2011which is a movement order for him to move to Vizag although he has not done so physically as yet. The learned Counsel also took me through Annexure A6 and especially para-5, where his current head of office i.e., Mysore office has requested the CWE at Trivandrum to consider him for home zone posting or retain him at the present posting where the office feels shortage of hands. The learned Counsel also informs that the applicant is likely to be allowed to remain at Mysore only till 30.4.2011 after which he may be asked to move forthwith. Therefore, he prays for a stay on the transfer as a interim prayer.
2. At this stage I do not deem it fit to interfere with the order of the Southern Command Headquarters or to issue interim stay to his movement. However, at the request of the learned Counsel for applicant, I see no harm in issuing a direction to the respondents while disposing the OA. Considering that the applicant has only three years more left before he retires from service and also considering that the Mysore office can use him effectively, I consider that the ends of justice will be met if the Respondent-1 i.e., Chief Engineer of Southern Command, Pune looks into his prayer as at Annexures A3, A5 and A6 sympathetically and decide the issue by a speaking order and also issue necessary directions to the Respondent-3 not to precipitate his movement till 31.5.2011 before which a decision can be taken. With the above directions, OA is disposed of.
(LEENA MEHENDALE)
MEMBER(A)
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