Wednesday, October 9, 2013

Bom OA No 50 of 2013

Bom OA No 50 of 2013



Dated this Monday the 11th day of February, 2013


K.V.S.Ranga Rao S/o K.Ramachandra Rao,
Aged about 50 years, R/o. OMQ-126/2,
Vayusenanagar, Nagpur-440 007.
Office Address: Office of the Chief Engineer
(Air Force), Vayusena Nagar,
Nagpur- 440 007      - Applicant

(By Advocate Shri S.K.Verma)              


1. Union of India
Ministry of Defence, 
through its Secretary,
101, South Block, 
New Delhi-110 001

2. Engineer-in-Chief and
Senior Colonel Commandant Corps of Engineers
Integrated HQ of Min. of Defence (Army) 
Kashmir House, Rajaji Marg, 
New Delhi- 110 001 

3. Director General Personnel/E1B
Military Engineer Services,
Engineer-in-Chief's Branch
Integrated HQ of Min. of Defence (Army)
Kashmir House, Rajaji Marg,
New Delhi- 110 011 - Respondents 

(By Advocate Shri R.S.Agarwal)              


Per :  Smt. Leena Mehendale , Member (A)

    Heard both the counsel.
2. The applicant now prays through his counsel that he is willing to comply with the impugned order and ready to move and join his new post at Shillong by getting himself relieved in the first week of May, 2013 by which time the 11th standard examination of his son will be completed.
3. The order of transfer was issued in September 25, 2012. The OA was filed on 14.01.2013 by which date the respondents had not relieved the applicant. However, he was relieved on 28.01.2013 and it is submitted by the learned counsel that no one as yet has joined in his post. Hence, he request that the applicant may be allowed to join back his duties and work till once again he is relieved in first week of May as per the convenience of the respondents.  
4. Considering that the respondents already waited for more than 4 months before relieving him and also considering that he is now praying an extension of less than 3 months and also considering that the son of the applicant is undertaking 11th standard examination in the month of April, 2013, the OA is allowed to the extent that the applicant will be allowed to join back his duties as prayed in the process dated 11.02.2013 and would be relieved afresh in the first week of May as per the convenience of the respondents.
5. The applicant would, thereafter, join his duties at Shillong as per the original order of transfer. The period from 28.01.2013 till the date of his joining back in pursuance of this order will be treated as leave admissible. No order as to costs.
6. The applicant is allowed to serve this order on the respondents through dasti.

(Smt. Leena Mehendale)
Member (A)                              


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