Tribunals and CommissionsDivision Bench

Minimol O.K. vs Union Of India & Others

Central Administrative Tribunal · Decided on 3 September 2021 · Citation: (2021) 09 CAT CK 0007

HON’BLE JUDGES
P. Madhavan, Member J · K.V .Eapen, Member (A)
RESULT
Disposed Of
CASE NUMBER
Original Application No. 180, 00433 Of 2021

AI Structured Summary

Not yet generated for this judgment

Judgment

12 paragraphs · 361 words

P. Madhavan, Member J

1.

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

'' 1. Call for the records leading to the issuance of Annexure-A1 and quash the same to the extent it transfers the applicant to Mumbai;

2.

Direct the respondents to allow the applicant to continue at Kochi in her present office as if A1 had not been issued at all;

3.

Award costs of and incidental to this petition;

4.

Pass such other orders or directions as deemed just fit and necessary in the facts and circumstances of the case."

2.

The brief facts of the case are as follows:

The applicant is presently working as an Assistant Accounts Officer (Navy) Kochi. She is aggrieved by an arbitrary and discriminatory (A1) Order bearing no. AN/I/39 dated 30.08.2021, issued from the office of the 3 rd respondent, by which she stands transferred to Mumbai. Hence, the applicant has approached this Tribunal praying for the aforementioned reliefs.

3.

When the matter came up for consideration as today matter, counsel for the applicant submits that the applicant being a woman, her transfer out of Kochi without complying with the guidelines for transfer is illegal and she is now going to be relieved immediately. She seeks an interim stay of the transfer order since the transfer is arbitrary and cannot sustainable in the eye of law.

4.

Mr.N.Anilkumar,Sr.PCGC takes notice on behalf of the respondents and seeks time for filing a short reply statement.

5.

On perusal of pleadings, we find that Annexure A-9 representation submitted by the applicant is still pending with the Competent Authority. In view of the particular situation mentioned in this Original Application, we direct the Competent Authority to dispose of Annexure A-9 representation in the light of rules, regulations and guidelines relating to transfer and pass a speaking order within a period of one month from the date of receipt of a copy of this order. Till that time, applicant shall not be relieved from the present post.

6.

The Original Application is disposed of as above at the admission stage itself without going into the merits of this matter. No costs.