CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH BENCH | |||||||||||
| Order Sheet | |||||||||||
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Item No: 6 O.A./23/2020 [ TRANSFER ] Court No.: 1 |
No of Adjournment:
Dated: 14/01/2020 | ||||||||||
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SATISH KUMAR Vs M/O DEFENCE | |||||||||||
| Sh. D.R. Sharma | |||||||||||
DAILY ORDER | |||||||||||
Heard Sh. D.R. Sharma, learned counsel for the applicant. He, interalia, contends that the impugned order dated 02.01.2020 (Annexure A-1) transferring the applicant from Headquarters Western Command to Headquarters Eastern Command is against the service conditions as the seniority of the applicant is governed by Command wise seniority roster. Hence, he cannot be transferred out of Command. Thus, learned counsel submits that the impugned order transferring the applicant out of Command is bad in law and is liable to be set aside. Learned counsel also places reliance upon order dated 08.01.2020 in CWP No. 105/2020 whereby the Hon'ble High Court of Himachal Pradesh stayed the transfer policy dated 29.11.2019 (Annexure A-5) and the matter is now listerd for hearing on 03.03.2020. Issue notice. Sh. Ashwani Kumar Sharma, Advocate, accepts notice onbehalf of the respondents. He seeks and is allowed a week's time to have instructions and file reply. Learned counsel for the applicant presses for interim relief on the ground that since for the post of Private Secretary, seniority is maintained at Command level, order transferring the applicant out of Command is not sustainable. He further apprises this court that the applicant has not yet been relieved. In view of the above cited facts, the operation of the impugned transfer order shall remain stayed till the next date of hearing. List this case on 24.01.2020. |
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| Sanjeev Kaushik Member (J) |
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