Ashutosh S/o Ashok Kumar Verma vs Union Of India & Ors

Rajnish Kumar Rai, Member J

Shri Aditendra Singh, counsel for the applicant and Shri Chakrapani Vatsyayan, counsel for the respondents are present and heard.

Counsel for the applicant submitted that the applicant has challenged the impugned transfer order vide which he has to be relieved on 30.04.2026 to his parent department. He further submitted that the applicant has been transferred from Jalandhar to Mau on request/loan basis and joined at Mau on 21.02.2022. He submitted that by way of impugned transfer order, the respondents have not considered the personal problem of the applicant as this transfer order was issued in pursuance to circular dated 22.12.2020 which provides for temporary transfer of officials on extreme compassionate grounds such as medical grounds of self/dependents, physical disability of self/dependents, working spouse, single working lady etc. Counsel for the applicant submitted that the policy further provides that the maximum tenure of transfer on loan basis would be three years, extendable by another two years with the approval of the Board, however, the respondents' department has not considered his request as his wife is pregnant and is solely dependent on him. He further submitted that the applicant is likely to be relieved forthwith as per impugned order dated 24.04.2026, however, he is still working as a Tax Assistant in the office of respondents' department at Mau. Counsel for the applicant submitted that the applicant has moved a detailed representation dated 19.02.2026, which has not been considered by the respondents till date.

Learned counsel for the respondents submitted that the applicant was posted at Mau on account of his request as well as undertaking given by him, therefore, he is liable to report their parent department.

Considering the submission of counsel for the parties and after perusal of the impugned orders, the O.A. stands disposed of with direction to competent authority amongst the respondents to consider the grievance of the applicant, as mentioned in his representation dated 19.02.2026, by passing a reasoned and speaking order in the light of policy dated 22.12.2020, after considering his grievance for extension of his period further for two years positively, within a period of eight weeks from the date of receipt of a certified copy of this Order. Till the representation is decided, the applicant shall not be relieved from the present place of posting i.e. Mau. The decision so taken on the representation of applicant shall be intimated to him forthwith. It is made clear that this Tribunal has not gone into the merits of case. No order as to cost.