Tushar Ranjan Mohanty vs Union Of India
2016 Latest Caselaw 4805 Del

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*       IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                       Judgment Dated: 25th July, 2016
+       W.P.(C) 5859/2016
        TUSHAR RANJAN MOHANTY                                  ..... Petitioner
                           Through :    Petitioner in person


                           versus


        UNION OF INDIA                                         ..... Respondent

                           Through :    Mr. R. N. Singh, Advocate


CORAM:
   HON'BLE MR. JUSTICE G.S.SISTANI
   HON'BLE MR. JUSTICE I.S. MEHTA

G.S.SISTANI, J (ORAL)

1. Challenge in this writ petition is to the order dated 14.06.2016 passed by the Central Administrative Tribunal(hereinafter referred to for short as „the Tribunal‟) by which the OA filed by the petitioner herein has been dismissed. The following relief was sought by the petitioner before the Tribunal:

            "8.1    to allow the present application;
             8.2    to restrain the Respondent Ministry to continue the

Applicant at Ajmer despite abolition of the post being held by the Applicant at Ajmer;

8.3 to direct the Respondent Ministry to consider posting the Applicant at Delhi in any Ministry other that the Respondent Ministry in one of the newly created posts at the Senior Administrative Grade Level of the Indian Statistical Service;

8.4 to direct the Respondent Ministry to give a reasoned and speaking Order to the Applicant if the Applicant is not posted at Delhi in the aftermath of the Cadre Review; 8.5 to issue any such and further order/directions this Hon‟ble Tribunal deems fit and proper in the facts and circumstances of the case; and 8.6 to allow exemplary costs of the application."

2. The Tribunal has also noticed that an earlier OA bearing No.4721/2014 was also filed by this petitioner to quash order dated 17.12.2014 by which he was transferred from New Delhi to Ajmer. This OA was allowed by an order dated 09.10.2015 against which a Writ Petition No.11628/2015 is pending in this Court. During the pendency of this writ petition, on 24.05.2016 when the matter was listed before the Division Bench, an offer was made to the petitioner for transfer to Dehradun. The order reads as under:

"Learned counsel for the petitioners has filed before us a letter dated 17.05.2016 addressed to the standing counsel.

Respondent appears in person and says that he would not like to go to Dehradun and would like to contest the matter on merits.

The letter is taken on record. In view of the statement made by the respondent, the petitioners need not examine the suggestion given to them in the letter dated 17.05.2016.

Re-ist on 30.08.2016."

3. Today Mr. R.N. Singh, learned counsel for the respondent, on written instructions, submits that the Department is willing to post the petitioner as DDG in the Department of Disability Affairs, New Delhi, but without prejudice to the prayer and stand taken by the Government in Writ Petition No.11628/2015. We have asked Mr. Mohanty as to whether this offer is acceptable to him. He has agreed to the same.

4. Resultantly, without prejudice to the prayer and stand taken by the Union of India in W.P.(C). 11628/2015, the petitioner shall stand transferred to the Department of Disability Affairs, New Delhi as DDG and as accepted by him, the present writ petition is dismissed as not pressed.

G.S.SISTANI, J

I.S. MEHTA, J JULY 25, 2016 pst