UNION OF INDIA AND ORS. Vs. MALTI GAUTAM

JUDGEMENT

(1.) THE present writ petition challenges the correctness of the order dated 16.04.2014 passed by the Central Administrative Tribunal (hereinafter referred to as 'the Tribunal') in O.A. No. 16/2014 whereby the Tribunal allowed the said O.A. filed by the respondent.

(2.) THE facts of the present case are that the respondent was appointed as a Medical Officer in the Central Health Service (CHS) through an exam conducted by the Union Public Service Commission (UPSC) in 1984. Thereafter, the respondent was promoted to the rank of Chief Medical Officer w.e.f. 25.04.1993. The respondent was granted the status of CMO (NFSG) w.e.f. 05.04.2002 and has been working on the same post since then. While the respondent was working as CMO (NFSG), Central Government Health Services, Delhi, the respondent was transferred to Rural Health Training Center (RHTC), Najafgarh, New Delhi vide order dated 13.12.2011. Questioning the said transfer order, she preferred O.A. No. 29/2012. The Tribunal by its order dated 25.01.2012 disposed of the said O.A., without interfering with the transfer order dated 13.12.2011, thereby giving liberty to the respondent to make a representation and on receipt of such representation, the petitioners were directed to pass a speaking order thereon.

(3.) THE respondent made representation for TA/DA claim dated 05.04.2013, 09.04.2013 & 11.04.2013. The reply received by respondent from Rural Health Training Centre, Najafgarh, New Delhi relating to the claim of TA/DA for attending duty at PHC, Palam stated as: