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Nitin Sharma & Others vs Union Of India & Others

Central Administrative Tribunal · Decided on 24 September 2020 · Citation: (2020) 09 CAT CK 0065

HON’BLE JUDGES
R.N. Singh, Member (J) · Mohd. Jamshed, Member (A)
RESULT
Disposed Of
CASE NUMBER
Original Application No. 1305 Of 2020, Miscellaneous Application No. 1640 Of 2020
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Judgment

10 paragraphs · 361 words

R.N. Singh, Member (J)

1.

Heard learned counsel for the applicants.

2.

The applicants, 26 in numbers, have filed the present OA jointly under Section 19 of the A.T. Act, 1985 against the inaction of the respondents in not taking the final decision on the request of the applicantsfor inter commissioneratetransfer.

3.

Shri M. K. Bhardwaj, learned counsel for the applicants submits that the concerned commissionerates under which the applicants have been working, have already issued No Objection Certificate. However, the commissionerateswhere the applicants want to be transferred have not taken a decision in the matter in spite of representations (Annexure A-5 (collectively) and Annexure A-7 (collectively) from the applicants.

4.

Issue notice to the respondents. Ld. Counsels, who appeared for the respondents on advance service acceptnotice.

5.

MA No. 1640/2020 has been filed seeking permission to file the OA jointly. For the reasons given in the MA and keeping in view no objection from the Ld. Counsels of the respondents, the MA seeking permission to file the OA jointly is allowed.

6.

At this stage, Shri M. K. Bhardwaj, learned counsel for the applicants submits that the applicants shall be satisfied, if the present OAis disposed of at this very stage with a direction to the respondent no. 3 to consider the aforesaid pending representations of the applicants and to dispose of the same by passing an appropriate reasoned and speaking in a time bound manner.

7.

We of the considered view that if such a request on behalf of the applicants is accepted, no prejudice is likelyto be caused to the respondents.

8.

In view of the aforesaid, without going into the merit of the claim of the applicants, we hereby dispose of the present OA at the admission stage itself with a direction to the respondent no.3 to consider the applicants' aforesaid pending representationsand to dispose of the same by passing a reasoned and speaking order as expeditiously as possible and in any case within 12 weeks from the date of receipt of a certified copy of this order.

9.

The OA is disposed of in the aforesaid terms. However, there shall be no order as to costs.