Back
V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Sumiran Kumar – Appellant
Versus
Union of India – Respondent
JUDGMENT
V. Kameswar Rao, J. (Oral)
CM APPL. 32157/2023
Exemption allowed subject to all just exceptions.
Application is disposed of.
CM APPL. 32158/2023
For the reasons stated in the application, the application is allowed and additional documents are taken on record.
Application is disposed of.
W.P.(C) 8441/2023, CM APPL. 32156/2023
1. The challenge in this Writ Petition is to an order dated May 30, 2023 passed by Central Administrative Tribunal (in short "Tribunal") in O.A. 1577/2023, wherein the challenge of the petitioner to his transfer order dated May 18, 2023 to Shivakasi, Tamil Nadu, has been disposed of by the Tribunal by stating in para 15 as under:
"15. With the above observations, the prayer for interim relief is rejected. The OA is disposed of at the initial stage with the direction to the applicant to first join the place of posting and then make a representation to the respondents and as noted in para 8 above, the applicant's wife may also apply for transfer to the same place as his husband. As soon as the applicant makes the representation, the respondents may consider the grievance of the applicant as per the Department of Personnel and Training's guidelines on the subjec
The court emphasized the importance of following the directions given by the Tribunal and the obligation of the respondents to consider the grievance as per the guidelines and in accordance with the ....
The court emphasized the duty of the petitioner to obey the transfer order and found no violation of the spouse posting mandate or public interest.
The court upheld the administrative authority's discretion in transfer orders while ensuring the employee's right to raise grievances through representation.
The petitioner seeking a remedy under new guidelines in a separate case before the Tribunal rendered the petition challenging the earlier order of the Tribunal infructuous.
Judicial review of government servant transfers limited to malafides or statutory violations; no vested right to specific posting; policy-compliant orders not interfered with despite family claims.
In the interest of justice, the court directed the respondents to treat the petition as a representation and decide within a specified timeframe.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
