K.P. Shanavas vs Union Of India & Others

P. Madhavan, Member (J)

This Original Application has been filed by the applicant seeking the following reliefs:

1) Quash Annexure A-1 to the extent it relates to the applicant.

2) Direct the respondents to permit the applicant to continue to work at Kochi till 31.5.2021, i.e, till his retirement on superannuation.

3) Such other relief as may be prayed for and this Hon'ble Tribunal may deem fit to grant.

4) Grant the cost of this Original Application.

The brief facts of the case are as under:-

The applicant is aggrieved by the transfer order issued on behalf of the 2 nd respondent by which he is transferred from GE(P) (NW) Kochi to GE(I)

(CG) Chennai. The applicant is an Assistant Engineer (QS&C) under the Military Engineer Services. In his 37 years long service, he had worked at

various places under various Commands including a hard tenure station. It is submitted by the applicant that the applicant has only less than a year to

retire from service on superannuation and in normal circumstances, all departments allow those employees at the fag end of their service to retire

from their home station as far as possible. The applicant has filed Annexure A-6 representation seeking review of his posting and retention at Kochi.

The request of the applicant is not yet considered. Applicant submits that he has not been relieved yet. Hence the applicant has approached this

Tribunal praying for the above reliefs.

When the matter came up for admission hearing, it appears that Annexure A- 6 representation given by the applicant is still pending before

respondent no.2.

Adv.Mr.S.Ramesh,ACGSC takes notice on behalf of the respondents and submits that he has no objection in disposing of the representation, if any,

pending with the respondents.

In view of the pendency of the matter before the competent authority, we deem it appropriate to dispose of this O.A at the admission stage itself.

The competent authority is directed to consider Annexure A-6 representation in the light of Annexure A-2, Annexure A-3 and Annexure A-4 orders

and on the basis of relevant rules and pass a reasoned and speaking order within a period of 2 months from the date of receipt of this order.

Till that time, status quo as on date shall be maintained, if he is not relieved so far.

The Original Application is disposed of as above. No costs.