WPSB/449/2022
2022 Latest Caselaw 2573 UK

      IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL

         THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                AND
          THE HON'BLE SRI JUSTICE RAMESH CHANDRA KHULBE


              WRIT PETITION (S/B) NO. 449 OF 2022

                             22nd AUGUST, 2022

Between:

Kiran Devi                                       ......         Petitioner


and

Union of India & others                          ......         Respondents



Counsel for the petitioner           :    Mr. Tanuj Semwal, learned counsel


Counsel for the respondent           :   Mr. V.K. Kaparuwan, learned
                                         Standing Counsel for the Union of
                                         India / respondents




The Court made the following:

JUDGMENT: (per Hon'ble The Chief Justice Sri Vipin Sanghi)



             The present writ petition has been lying under

defect since 02.08.2022. Matter has been listed before

the Court since defects have not been removed.


2)           The petitioner has assailed the order dated

12.07.2022,       passed        by       the   Central    Administrative

Tribunal, Allahabad, in O.A. No. 568 / 2022 (Nainital).

By the impugned order the learned CAT has rejected the
                            2




prayer for interim relief made by the petitioner while

posting the matter on 15.09.2022.       The petitioner had

preferred the said Original Application to challenge her

transfer from C.W.E., Dehradun to AGE(I)(AF) Memaura,

Lucknow.


3)         We have perused the impugned order and

heard leaned counsel for the petitioner.


4)         The Tribunal has recorded that the petitioner

has served for more than 30 years out of her total

service of 33 plus years in Dehradun. The other ground

taken by the petitioner with regard to the number of

persons posted at Dehradun has also been taken into

consideration, and it is observed that the satisfaction

level is 200 per cent in the entire Dehradun complex as

a whole, therefore, there is over staffing in Dehradun.

The ground taken by the petitioner with regard to her

husband's posting has also been considered as he is not

working in the same department, i.e., M.E.S., and is

working outside in some other Central Government

organization.   The respondents have already explored

the possibility of retaining the petitioner at the present

Station before taking the decision to transfer her. Grant

of interim relief in case like the present to the petitioner
                            3




by the Tribunal would have tentamounted to grant of the

final relief in the Original Application.      Despite the

petitioner having been relieved from the present posting,

learned counsel for the petitioner states that she has still

not joined at the transferred post even though more

than five months have elapsed.       Such conduct of the

petitioner cannot be countenanced, neither on merits,

nor on equity. We are not inclined to interfere with the

impugned order. It shall be open to the respondents to

take appropriate action against the petitioner for non-

complying with the transfer order, despite there being

no stay granted by the Tribunal or by this Court.


5)        The writ petition stands dismissed accordingly.


          Interim Relief Application (IA No. 01 of 2022)

also stands disposed of.



                                      ________________
                                      VIPIN SANGHI, C.J.



                                            __________
                                            R.C. Khulbe, J.

Dt: 22nd AUGUST, 2022 Negi