Choice Posting after fixed tenure at North Eastern Region
RITESH RANJAN
(Querist) 16 November 2017
This query is : Resolved
Respected Jurists,
At the onset, while humbly marking my deepest gratitude towards you all and this great forum from where I have been immensely benefitted, I again seek your kind expertise on the facts and circumstances appended below...
(i) that, I had joined the Govt. service on 30th Jan, 2004 at DRDO, Min. of Defence.
(ii) that, consequent to my selection in present Department of Atomic Energy, I did submit my Technical Resignation in my previous department thus, enabling self to avail the past service benefits.
(iii) that, I joined my present workplace on the 25th Jan, 2010.
(iv) that, as per instructions contained in the Office Memorandum No. 20014/2/83-E.IV dated 14th Dec�, 1983 issued by Dept. of Expenditure, Min. of Finance, Govt. of India I am eligible for CHOICE POSTING. (Copy attached at forum for kind perusal.)
(v) that, under an RTI reply my department has admitted that they follow the above cited Office Memorandum as their transfer policy.
(vi) that, it is pertinent to submit here that as many as 04 analogous incumbents are there in this department having all India service liability.
(vii) that, my old aged mother is suffering from Cancer, therefore, her condition genuinely and essentially warrants my attention and service.
(viii) that, upon my request of transfer the authorities intimated that selection process for new incumbent is in pipe-line and transfer with choice posting will be granted only after the said selection and posting. Where as, all other eligible and even some non-eligible colleagues were granted Choice Posting.
(ix) that, the above cited selection process is in probity of no certain period or date.
(x) that, at station where the choice posting is sought, position is also vacant.
(xi) that, aggrieved by such information and condition, I again submitted an application on 07th Nov�, 2017 praying there in immediate transfer and choice posting within 15 days citing my mother�s exacerbated condition.
In light of these submissions, I require your expert guidance please :
a) whether, I can get any relief from the Hon�ble Judiciary by means of writ or I have to approach the relevant CAT bench for the same.
b) what should be the grounds for my prayer before the Hon�ble Judiciary.
I shall be ever grateful to you.
Thanking you,
Yours faithfully,
Ritesh Ranjan
Rajendra K Goyal
(Expert) 17 November 2017
Even if there exist clear guidelines, generally there exist provision for not observing the guidelines due to exigencies of services. Please confirm the same in your case.
You can take up through association.
Can send representation through proper channel.
Can discuss with some expert lawyer for exploring the situation to what extent CAT can provide immediate relief.
RITESH RANJAN
(Querist) 18 November 2017
Respected Sir, Regarding the 'Exigencies of Services' clause I have mentioned that 'as many as 04 analogous incumbents are there in this department having all India service liability.' Is it good to retain me at NER while the dept. is having 04 other options. They may utilize their services (including mine) on rotation basis till the said selection process attains finality.
Sudhir Kumar, Advocate
(Expert) 18 November 2017
Given facts do not indicate any material worth filing CAT case.
RITESH RANJAN
(Querist) 21 November 2017
Respected Sudhir Kumar Sir, Heartfelt thanks for your expression of negation regarding solution of the problem posed for direction towards the best possible way of execution of desired relief. Taking the history in account at this reputed site now I am sure of getting the same with the help pointing the direction towards just relief in wait. Even, I expect many comments disliking the liking of your negation. But the best of my respect conveysThanks.........
RITESH RANJAN
(Querist) 21 November 2017
Does pendency of the departmental appeal bar petitioning for the writ of Mandamus ? Please guide.
