SOUMITRA DUTTA Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this O.A. applicant makes a prayer for setting aside the transfer order dated 2.7.2013 issued by respondent No. 5 whereby the applicant has been sought to be transferred from CSD & W Salonibari to SHQ, Pilibhit, Uttar Pradesh. Mr. G. Rahul, learned Counsel appearing for the applicant submit that applicant is presently working as Sub Area Organizer in Sashastra Seema Bal, CDS & W. Salonibari. According to learned Counsel, applicant is an obedient officer, as such earlier occasions all transfer orders were complied with by the applicant. On 27.12.2009, applicant was transferred from Area Head Quarter, Rangia to ATC Debendranagar and the same was complied with. Thereafter, again applicant was transferred from ATC Debendranagar to present place of posting i.e. CDS & W Salonibari vide order dated 12.10.2010. That order was also complied with by the applicant. While obeying the order of the higher authority, son of the applicant lost one year of academic career on account of mid term transfer of the applicant. Although applicant's son was duly promoted to the eight standard in the previous school, yet he (child) was once again admitted to the seventh standard by the Army Public School, Tezpur or no midterm transfer in the eight standard was allowed by the said school.

(2.) LEARNED Counsel further submits that presently applicant's son is studying in class X in army Public School, Tezpur and during mid academic session transfer order dated 2.7.2013 was issued by transferring the applicant from CSD & W Salonibari to SHQ, Pilibhit, Uttar Pradesh. According to learned Counsel, applicant being the obedient officer, has no objection to obey the order of the higher authority. However applicant's son has already lost one year of academic session due to earlier transfer dated 12.10.2010 and in such a difficult situation again the present transfer order is given effect to, son of the applicant shall have to be faced the same problem. Applicant did make representation before the authority on 8.7.2013 with a request to defer his posting for 8 months i.e. upto the completion of matriculation examination. However, the same was rejected vide order dated 29.7.2013 by only one line order that - - "Competent Authority has considered his representation and not acceded to."

(3.) IN the present case, in my view, applicant deserves to be retained atleast 8 (eight months at Salonibari, Tezpur, Assam till the completion of his son's academic session Accordingly, I direct the respondent authority to allow the applicant to work at his present place of posting i.e. CDS & W, Salonibari fill the completion of his son' academic session. It is made clear that the impugned transfer order dated 2.7.2013 shall not be given effect to, till the completion of academic session of the son of the applicant. O.A. stands disposed of accordingly at the admission stage itself. There will 1 no order as to costs.