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Judgment
R. N. Singh, Member (J)
In the present OA filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant has prayed for the following reliefs:-
“(a) Call for the records of the case.
(b) Quash and set aside the impugned order F No. A-22/15/2/IRT/2019/Med.VI, dated 08.07.2019 (Annexure A/1) to the extent the applicant
fulfilling all the conditions prescribed under IRT policy dated 27.01.2013 has been discriminated and ignored from his legitimate legal
right.
(c) Direct the respondent no. 1 who considered the case of the applicant belonging to Staff Nurse Cadre of Nursing Staff of ESIC for his
Inter Region Transfer as per his applications/undertaking under the IRT policy dated 27.02.2013 and further transfer him from ESIC Model
Hospital, Gurgaon to ESIC Hospitals at Rajasthan region.
(d) Direct the respondents to retain the appropriate seniority position after his transfer to ESIC Hospital Rajasthan region, which the
applicant would have acquired in case he has been transferred, vide impugned order dated 08.07.2019.
(e) Award exemplary costs of the proceedings.
(f) Pass any such further order or orders as deem fit and proper in the facts and circumstances of the present case.â€
Learned counsel for the applicant very fairly admitted that the applicant has not exhausted the available administrative remedies against the
impugned order dated 8.7.2019 (Annexure A/1). Keeping in view this fact, learned counsel for the applicant seeks permission to withdraw the OA
with liberty to the applicant to make a comprehensive representation before the competent authority within a week. He further submits that
respondents may be directed to dispose of such representation of the applicant in a time bound manner.
Shri G.S. Virk, learned senior Central Govt. counsel appearing for respondent no.1 is not having any objection to such a request of learned counsel
for the applicant. There is no appearance on behalf of other respondents in spite of the fact that learned counsel for the applicant stated at Bar that he
has served a copy of the OA to them before filing the present OA.
In view of the aforesaid facts and circumstances, OA is dismissed as withdrawn with liberty to the applicant to make a comprehensive
representation for redressal of his grievances raised in the present OA within a week to the respondents. If such a representation is preferred by the
applicant, it is directed the respondent no.2 shall consider and dispose of the same by passing a reasoned and speaking order as expeditiously as
possible and in any case within a period of six weeks of receipt of such representation.
We make it clear that while disposing of this OA, this Tribunal has not gone into the merit of the claim of the applicant.
The OA is disposed of in the aforesaid terms. No costs.