Central administrative tribunal order

Querist : Anonymous (Querist) 17 March 2021 This query is : Resolved
In my posting order copy Central administrative tribunal order (CAT) has direct the authorities to explore the possibilities of adjusting /retaining the applicant(Me) in Station X against a vacancy or a nearest vacancy till the post at Station X fall vacant keeping in mind the sprit of the DOPT OM dated 30.09.09. I am confused with the term NEAREST VAVANCY . The term NEAREST VAVANCY meaning
1) In that same station X with additional creation of vacancy oy to the lower position
2) In the different station (Say station Y) nearer to station X. Then what should be the distance between station X and station y

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Sudhir Kumar, Advocate (Expert) 18 March 2021
1) In that same station X with additional creation of vacancy oy to the lower position

THE ORDER AS DESCRIBED BY YOU DOES NOT OBLIGE THE DEPTT TO KEEP YOU IN SAME STATION WITHOUT A VACANCY

THE OREDR AS YOU DESCRIBE SAYS THAT DEPTT HAS TO EXPLORE POSSIBILITY (not bound) TO KEEP YOU

either
AT SAME STATION
or
NEARBY STATION

2) In the different station (Say station Y) nearer to station X. Then what should be the distance between station X and station y

THE ORDER AS YOU DESCRIBED DOE NOT LAY DOWN DISTANCE RESTRICTION AND LEFT IT TO THE DISCRETION OF THE DEPTT.

Querist : Anonymous (Querist) 18 March 2021
This is a third judge order who is support the judicial member order which directly says that I should be posted in station X and discard the administrative order

In my posting order copy Central administrative tribunal order (CAT) has direct the authorities to explore the possibilities of adjusting /retaining the applicant(Me) in Station X against a vacancy or a nearest vacancy till the post at Station X fall vacant keeping in mind the sprit of the DOPT OM dated 30.09.09. I am confused with the term NEAREST VACANCY . The term NEAREST VACANCY meaning 1) In that same station X with additional creation of vacancy oy to the lower position 2) In the different station (Say station Y) nearer to station X. Then what should be the distance between station X and station y
In continuation of my above it is also mentioned that in mind the spirit of the DO PT OM dtd 30.09.09 that spells out
“In view of the utmost importance attached to enhancement of women's status in all walks of fife and to enable them to lead a normal (amity life as also to ensure the education and welfare of the children guidelines were issued by DOP&T in O.M No. 28034/2/86-Estt.(A) doted 3.4.86 and No.28034/2/97-Estt.(A) doted 12.6.97 for posting of husband and wife who ore in Government service. at the some station. Deportment had on 23.8.2004 issued instructions to all mins./Dept. to follow the above guidelines in letter and spirit.

In the context of the need to mote concerted efforts to increase representation of women in Central Government jobs these guidelines have been reviewed to see whether the instructions could be mode mandatory;'

It required. the respondents may adjust respondent No. 8( Who was present in the in station X in place of applicant) against suitable vacancy. Orders be issued at the earliest."
Respondent No. 8 has been transfer immediately after the order but immediately another applicant was placed
What should be my next step to get my posting at Station X

P. Venu (Expert) 18 March 2021
This is a repeated query. You can file a contempt petition. The respondent is bound to implement the order ( as they understand the Order) or to come up with an affidavit as to how the directions are unworkable. If course, the more likely course is that they would approach the High Court through a petition under Article 227.

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