Bhaskar Bhattacharya, J. - (1.) This writ-petitioner under Article 226/227 of the Constitution of India is at the instance of an applicant under Section t9 of the Administrative Tribunal Act, 1985 (hereinafter referred to as the Act) and is directed against order dated April 17, 2006 passed by the Central Administrative Tribunal, Kolkata Bench, in Original Application No. 23 of 2005 thereby rejecting the application filed by the petitioner on the ground of want of territorial jurisdiction.
(2.) The case made out by the writ-petitioner in the application under Section 19 of the Act be summarised thus : The writ-petitioner was appointed as sub-bungalow peon by the Chief Personal Officer, Chittaranjan Locomotive Works and on being so appointed, he was posted under the Chief Mechanical Engineer, the respondent No. 4. By an order dated February 28, 2004, the said respondent No. 4 was transferred to Hazipur under the East Central Railway and at the same time, the writ-petitioner was also transferred along with the said respondent No. 4 with the stipulation that he would act as the substituted bungalow- peon under the said respondent No. 4.
(3.) Although the respondent No. 4 moved to Hazipur pursuant to the order of transfer dated February 28, 2004, he did not take the writ-petitioner with him for the purpose of performing the duty of the substituted bungalow- peon at Hazipur, and asked the writ-petitioner to stay at Chittaranjan and serve as bungalow-peon at that place so long his family was not shifted to Hazipur. The writ-petitioner, accordingly, performed his duty as substituted bungalow-peon at Chittaranjan till.the month of April, 2004.;