Shri Amit Kumar Dey vs . North Eastern Electric Power
2022 Latest Caselaw 584 Meg

 Serial No. 02
 Supplementary List
                 HIGH COURT OF MEGHALAYA
                       AT SHILLONG
WP(C) No. 416 of 2022
                                Date of Order: 12.10.2022

Shri Amit Kumar Dey                 Vs. North Eastern Electric Power
                                        Corporation Limited & Ors.

Coram:
              Hon'ble Mr. Justice H. S. Thangkhiew, Judge


Appearance:
For the Petitioner(s)       :    Mr. H.L. Shangreiso, Sr. Adv. with
                                 Ms. A. Kharshiing, Adv.

For the Respondent(s)       :    Mr. V.K. Jindal, Sr. Adv. with

Mr. V. Kumar, Adv.

i) Whether approved for reporting in Yes/No Law journals etc:

ii) Whether approved for publication Yes/No in press:

JUDGMENT AND ORDER (ORAL)

1. Heard Mr. H.L. Shangreiso, learned Senior counsel

assisted by Ms. A. Kharshiing, learned counsel for the petitioner.

2. Mr. V.K. Jindal, learned Senior counsel assisted by Mr. V.

Kumar, learned counsel is present and accepts notice on behalf of the

respondents, so no further notice is called for.

3. The limited prayer in the instant writ petition is with regard

the non-disposal of the representations of the writ petitioner, firstly for

reconsideration of his transfer to Nafra HEP, Arunachal Pradesh, and

secondly the representation dated 10.10.2022, wherein the writ

petitioner has opted to forgo his promotion as per clause 7.3 of the

NEEPCO Transfer Policy.

4. The present grievance is however, that in spite of the said

representation, on the same day itself i.e. 10.10.2022, by an office order

the petitioner has been released to enable him to join his new place of

posting.

5. Mr. H.L. Shangreiso, learned Senior counsel assisted by

Ms. A. Kharshiing, learned counsel for the petitioner submits that due

to the personal situation and difficulties of the petitioner, it is

impossible for him to join the new place of posting. As such, the

petitioner has decided to forgo his promotion, however he submits that

this request is yet to be considered by the respondents.

6. Mr. V.K. Jindal, learned Senior counsel assisted by Mr. V.

Kumar, learned counsel for the respondents in reply submits that the

representation dated 10.10.2022, is under active consideration by the

respondents, and that the writ petition is premature.

7. Be that as it may, in view of the stated stand of the writ

petitioner with regard to forgoing his promotion and also the

submissions of the learned Senior counsel for the respondents that the

representation is under active consideration, this writ petition is

disposed of at this stage itself, by directing the respondent Corporation

to dispose of the representation dated 10.10.2022, within a period of

1(one) week from today. Status quo however shall be maintained as to

the movement of the petitioner until disposal of the said representation.

8. With the above noted directions, this writ petition stands

closed and is accordingly disposed of.

JUDGE

Meghalaya 12.10.2022 "V. Lyndem-PS"