Dr. Neeraj Srivastava vs Central Administrative Tribunal ...
2017 Latest Caselaw 27 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 37
 

 
Case :- WRIT - A No. - 3568 of 2017
 

 
Petitioner :- Dr. Neeraj Srivastava
 
Respondent :- Central Administrative Tribunal And 5 Ors.
 
Counsel for Petitioner :- Arvind Kumar,Komal Mehrotra
 
Counsel for Respondent :- A.S.G.I.,Rakesh Kumar Srivastava,Saurabh Srivastava
 

 
Hon'ble Vikram Nath,J.

Hon'ble Daya Shankar Tripathi,J.

We had passed a detailed order on 28.02.2017. The last paragraph of the order dated 28.02.2017 provided that respondents shall treat the writ petition of the petitioner as a representation for consideration of the grounds taken by the petitioner seeking transfer from Meerut to Bareilly.

In compliance of the said order, the Transfer Committee has taken a decision it its meeting held on 11.04.2017 filed along with short counter affidavit of Sri S.K. Singh, Legal Adviser, I.C.A.R. Krishi Bhawan, New Delhi dated 25.04.2017. The proceedings of the meeting held on 11.04.2017 is contained in the paragraph No.5 of short counter affidavit.

Perusal of the above proceedings indicate that as no vacancy exists in the discipline Animal Reproduction & Gynaecology at the Designated Institute i.e. I.V.R.I., Izzatnagar, as such the petitioner cannot be transferred at the moment. It further mentions that as and when vacancy arises the claim of the petitioner would be considered on working couple and medical grounds.

Counsel for the petitioner firstly submitted that right from the beginning six flexy posts of Senior Scientist are lying vacant at Izzat Nagar, Bareilly. Such fact was also mentioned in the writ petition and the grounds were taken to the fact that the petitioner could be adjusted on flexy posts lying vacant at I.V.R.I., Izzatnagar, Bareilly. Relevant facts are stated in paragraph No. - 25 of the petition and specific ground was taken as ground No. - K.

The proceedings of the Transfer Committee meeting dated 11.04.2017 did not take into consideration the vacant flexy post at I.V.R.I., Izzatnagar. Further, in the second supplementary affidavit of the petitioner filed today, it is mentioned that the Head of the Department, Division of Animal Reproduction has requested to the Director, I.V.R.I., Izzatnagar, Bareilly expressing need of Senior Scientists as there are number of vacancy lying against the sanctioned strength. The petitioner has also annexed a Chart provided under the Right to Information Act dated 20.04.2017. It also indicates that there are number of vacancies lying vacant and the petitioner could be accommodated.

In any case, the vacancy of flexy post at I.V.R.I., Izzatnagar, Bareilly exists and this aspect has not been considered by the Transfer Committee. We, therefore, provide that the decision taken by the Transfer Committee on 11.04.2017 shall remain in abeyance and now the Transfer Committee will further examine the claim of the petitioner in the light of the availability of the flexy posts and request of the Head of the Department, Division of Animal Reproduction at I.V.R.I., Izzat Nagar, Bareilly, within 15 days from today and place before the Court, the decision so taken.

Put up in the additional cause list on 23.05.2017. Copy of this order be provided to counsel for the parties on payment of usual charges, within 48 hours.

Order Date :- 4.5.2017

atul