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Judgment
Akhil Kumar Srivastava, Member J
The applicant is aggrieved by the orders dated 13.06.2022 (Annexure A-4), 14.06.2022 (Annexure A-5), whereby he has been temporarily attached from Chhatarpur to District Dhar. The applicant is also challenging the order dated 14.07.2022 (Annexure A-11) by which his representation, qua temporary attachment, has been rejected.
Notices were issued by this Tribunal on 01.08.2022 and the matter was fixed on 18.08.2022 for consideration on the prayer of interim relief and thereafter listed on 28.09.2022 and 11.10.2022 for further orders. On 11.10.2022, since the strike was called by the BAR Associations of Jabalpur and as nobody had appeared for the applicant, the matter was adjourned to 20.01.2023 for orders. Now, the applicant has filed an MA No.1247/2022 for final disposal of the Original Application with appropriate direction. In this MA, the applicant has submitted that after receiving the notices from this Tribunal, the respondent No.2 has passed an order dated 07.09.2022 by which the administrative attachment of the applicant from Chhatarpur to Dhar has been cancelled and now he has been transferred from Chhatarpur to Katni vide office order dated 09.09.2022 (Annexure A-1 with the MA). The applicant further submits that the Navodaya Vidyalaya Samiti has issued a notification dated 28.01.2022 (Annexure A-2 with the MA), whereby the Principal of Navodaya Vidyalaya should be allowed to continue at one station for the period of five years while the applicant has completed only three years at Chhattarpur. The applicant has submitted a representation dated 17.09.2022 (Annexure A-3 with the MA), which is still pending and has not been decided by the respondents yet. Therefore, he seeks direction to the respondent No.2 to consider and decide his representation dated 17.09.2022 by passing the necessary orders.
Having considered the entire material placed on record and the relief sought for by the applicant, it is evident that the original relief sought by the applicant, has already been granted by the Department by cancelling the attachment order of the applicant from Chhatarpur to Dhar. But, the respondents have issued a fresh order dated 09.09.2022, whereby the applicant has been transferred to JNV, Katni (M.P.), for which no relief has been sought in the main Original Application and it is only after filing MA No.1247/2022, the applicant is seeking final disposal of the Original Application with a direction to the respondent No.2 to decide his representation dated 17.09.2022.
After hearing counsel for both the parties and considering the limited prayer made by the applicant, this Tribunal feels that ends of justice will be served if the respondent No.2 is directed to decide the representation of the applicant dated 17.09.2022 especially when the same is pending consideration with the authority. Accordingly, respondent No.2 is directed to consider and decide the representation of the applicant filed at Annexure A-3 along with MA No.1247/2022, within a period of 15 days from the date of receipt of a copy of this order. Till such time the representation of the applicant is decided, no coercive action shall be taken against the applicant. For this purpose, the applicant shall make available copy of the representation to the respondent No.2 within one week from today.
With the above direction, this Original Application is disposed of at this stage. It is made clear that this Tribunal has not expressed any opinion on the merits of the case. No order as to costs.