ORDER

Per Dr. Nandita Chatteriee, Administrative Member:

Aggrieved with his order of transfer dated 19.7.202b the applicant has approached this Tribunal under Section 19 of the Administrative Tribunal Act, 1985, praying for the following relief:-

Impugned Order of. Transfer being No. AN/l/Coord/1 18 AO-LXXXVI dated 19.7.2021 issued by the respondent No. 4 with respect to the applicant, impugned Order of rejection dated 18.8.2021 issued by the respondent No. 4 are not tenable in the eye of law and as such the same should be quashed.

An Order do issue directing the respondents to allow the applicant to continue at his present place of posting as AO GE [F/W], Kolkata and/or to consider the posting of the applicant at an Offices of the respondents at Kolkata at an earliest.

“ (a) (b) 'Ac 3 o.a. 350.01329.2021 (c) To grant all the consequential benefits including the benefit of Para 3.1 of Circular dated 28.3.2014 to the extent the same provides impermissibility of his posting at a hard station further and thereby his retention at his present place of posting at Kolkata.

(d) To grant Costs and incidentals.

Certify and transmit the entire records and papers pertaining to the applicant ’ s case so that after the causes shown thereof conscionable justice may be done unto the applicant by way of grant of reliefs as prayed for in (i) and (ii) above.

Any other order or orders as the Hon ’ ble Tribunal deems fit and proper."

(e) (f) 2. Heard Ld. Counsel for the applicant.

Affidavit of service is taken on .record. As none appears for the respondents despite service, Rule 16(1) of Central Administrative Tribunal (Procedure) Rules, 1987 is invoked.

Ld. Counsel for the applicant would submit that the applicant, who

3. is working as AO GE (F/W) with the respondent authorities at Kolkata, had earlier served at a hard station, namely, the Office of the LAO (A), Bengdubi, and, was thereafter, transferred to Kolkata on 30.8.2019.

Prior to completion of his requisite tenure at Kolkata, the applicant had preferred a detailed representation in June, 2021 (Annexure A-l to the O.A.) citing medical complications, limited tenure of his service prior to superannuation as well as impending marriage of his daughter scheduled to be held in December, 2021.

Despite such representation, however, a transfer order was issued on 19.7.2021, wherein, inter alia other employees, the applicant was transferred from Kolkata to AAD Gopalpur in Orissa in the same capacity.

The applicant represented once more for reconsideration of his transfer order (Annexure A-2 to the O.A.) to which respondent authorities responded on 18.8.2021 (Annexure A-3to the O.A.), rejecting his prayer for retention in his present place of posting.

c 4 o.a. 350.01329.2021 The rejection order of the authorities is reproduced as below:-

"No. AN/l/Coord/1 18 AO-LXXXVI Date: 18.08.2021 To The Officer-in-Charge AO GE (FW) Kolkata Subject:

Request for change of place of posting in respect of Shri N.K.

Chakraboriy, AO/8328865.

Your letter No. A/GE/FW/NKC/Pe