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Judgment
Jyotsna Rewal Dua, J
Petitioner is serving as conductor in the respondent-corporation at its Keylong Unit ever since 17.07.2006. He is aggrieved against the office order
dated 04.12.2021, whereunder he was transferred from Keylong to Sarkaghat.
Learned counsel for the petitioner submitted that though the petitioner has been relieved from HRTC Unit at Keylong but he has not yet joined at
the transferred station i.e. Sarkaghat.
The ground for challenging the impugned transfer order is that the petitioner has served at Keylong Unit under respondent/Corporation for the last
15 years. Having completed more than the normal tenure in the hard/tribal area, petitioner is entitled for transfer to a soft area of his choice. It has
been further submitted by learned counsel that the petitioner had already represented to the respondents/corporation on 02.09.2021 for transferring
him to the stations of his choice reflected in the representation (Annexure P-1). Instead of considering his case for transfer to these areas,
respondents have mechanically transferred the petitioner vide impugned transfer order dated 04.12.2021 to Sarkaghat. It has further been submitted
that after passing of the impugned transfer order, the petitioner once again represented to the respondents/corporation on 04.12.2021 (Annexure P-3)
for his adjustment/transfer to a soft area of his choice keeping in view his retirement in next two years and eight months.
Learned counsel for the petitioner submitted that his client would be satisfied, in case respondents are directed to decide the pending representation of
the petitioner dated 04.12.2021 (Annexure P-3) within a time bound manner. Learned counsel for the respondents/corporation is not averse to this
prayer.
Therefore, in view of the submissions made by learned counsel for the parties, the instant writ petition is disposed of by directing respondent
No.1/competent authority to decide the representation moved by the petitioner dated 04.12.2021 (Annexure P-3) within a period of two weeks from
today. Till then, the petitioner shall not be compelled to join at the transferred station and will be allowed to avail the leave of kind due. Pending
miscellaneous application(s), if any, shall also stand disposed of.