CENTRAL ADMINISTRATIVE TRIBUNAL BANGALORE BENCH, BENGALURU ORIGINAL APPLICATION NO.170/329/2023 ORDER RESERVED: 25.07.2024 DATE OF ORDER :01.08.2024 CORAM:

HON’BLE MS. JUSTICE S. SUJATHA, MEMBER (J)

R. Govindarajan S/oLate Raman, Aged about 48years SeniorClerk O/o Senior Section Engineer (P.Way) South Western Railway, Dharmapuri R/oKandhukalpatti, Pagalahalli post Dharmapuri, Tamilnadu-636701. …Applicant (By Advocate Shri K. Shivakumar - through video conference)

Vs

1. Union of India Rep. by General Manager, South Western Railway, RailSoudha, Gadag Road, Hubballi-580020.

2. Senior Divisional Personnel Officer South Western Railway, Bengaluru-560023. …Respondents.

(By Shri S. Prakash Shetty, Sr. Panel Counsel)

O R D E R PER: JUSTICE SSUJATHA, MEMBER (J)

The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985seeking the following reliefs:-

(a) “Quash the Office order no. 490/06/2023/VI/PG dated 06.06.2023 issued by Respondent no. 2 (Annexure-A4) as unconstitutional illogical and against rules.

(b) Order the respondents to give effect of the transfer order no. 443/05/2023/VI/PG dated 24.05.2023 (Annexure-A2), as the applicant has already been relieved and joined at the transferred place on 06.06.2023.

(c) Grant any other relief or reliefs as deemed fit and proper in the interest of justice and equity.”

2. The facts in brief as narrated by the applicant are that the applicant, a native of a village near Dharmapuri in Tamil Nadu presently holding the post of Senior Clerk in Bengaluru Division of South Western Railway was initially appointed on compassionate grounds. While working at the field office in Dharmapuri, he was transferred to Divisional Office, Bengaluru in 2012.

While working as such, the applicant underwent open heart surgery on 24.01.2013. His request for transfer on health grounds was considered by the respondents and he was transferred to Dharmapuri vide order dated 21.01.2015. Further the applicant was transferred from Dharmapuri to Bengaluru on 07.08.2018. On 08.04.2023, the applicant underwent Tracheostomy surgery in Fortis Hospital at Bengaluru owing to the brain injury. On the request made by the applicant for transfer on health grounds to Dharmapuri, the same was favorably considered by the 2nd Respondent and he was issued with the transfer order dated 24.05.2023. He was relieved on 05.06.2023 but immediately on the next day after the applicant joining at Dharmapuri, the

2^nd Respondent issued an order conveying that the transfer of the applicant is kept in abeyance until further orders due to administrative reasons. Being aggrieved, the applicant has preferred this OA.

3. Learned Counsel Shri K. Shivakumar representing the applicant submitted that the transfer of the applicant to Dharmapuri was ordered purely on health grounds and has been affected by relieving him by 2^nd Respondent. That being the position, issuing the subsequent order for keeping the transfer order in abeyance, is against the interest and welfare of the applicant. The applicant has completed four years of tenure at Bengaluru. The applicant’s health being in critical condition, he cannot be stayed alone at Bengaluru as his children are studying in Tamil Nadu and his family is near a village in Dharmapuri. The transfer order Annexure A-2 and the order dated 06.06.2023 wherein, transfer order is kept in abeyance not being cancelled by the respondents, transfer order has tobe given effect to.

4. Learned counsel Shri S. Prakash Shetty representing the respondents submitted that the applicant was posted to Dharmapuri vide office order dated 24.05.2023 and was relieved on 05.06.2023 (on reporting from sick) to report to Dharmapuri. Accordingly, he reported to Dharmapuri on 06.06.2023. However, the applicant was called back to Sr. DPO office on administrative reasons and the transfer order was kept in abeyance. A newly appointed Sr. Clerk has been posted to Dharmapuri vide office order dated 04.07.2023. P