NEETHU LAKSHMI MONI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner filed O.A.No.9 of 2024 before the Central Administrative Tribunal, Ernakulam Bench seeking to direct respondent Nos.1 to 3 to extent her inter-cadre deputation for a further period of two years. The Tribunal granted an interim order on 19/1/2024 allowing the petitioner to continue in the Kerala cadre till 28/2/2024. The said order was extended from time to time. Respondent Nos.1 to 3 filed a reply-statement on 10/5/2024 and also M.A.No.393 of 2024 seeking to vacate the said interim order. The Tribunal, after hearing both sides, allowed M.A.No.393 of 2024 and interim order was vacated as per Ext.P14 order dtd. 23/8/2024. Aggrieved by the said order the petitioner has filed this original petition under the provisions of Article 227 of the Constitution of India.

(2.) The petitioner belongs to Indian Forest Service, Uttarakhand Cadre. She was granted inter-cadre deputation to Kerala for a period of three years. She joined Kerala cadre on 27/1/2021. She applied for inter-cadre deputation on personal grounds. The reason was that she has to be in Kerala in order to lookafter her 71 year old mother. She is unmarried and no one else was there to take care of her mother, who is suffering from acute rheumatism and has been undergoing treatment. Period of her inter-cadre deputation was to end on 26/1/2024. She had submitted an application for extension of inter-cadre deputation for a further period of two years. Both State of Kerala and the State of Uttarakhand gave no objection certificates, which are Annexures A3 and A4. Both were submitted sufficiently earlier and within the time stipulated in the guidelines. However, the Government of India did not take a decision on her request yet. The Tribunal, after hearing both sides, held that the petitioner was not entitled to get extension of the period of deputation and accordingly the interim order was vacated as per the impugned order.

(3.) Heard the learned counsel for the petitioner, the learned DSGI-in-charge and the learned Senior Government Pleader.