UNION OF INDIA Vs. CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) Heard Ms. Vijay Laxmi, respondent no.2, who has appeared in person, Sri A.K. Gaur, learned counsel for the petitioners and perused the record.

(2.) Brief facts of the case are that respondent no.2, Vijay Laxmi was initially engaged in different capacities i.e. Typist, Machine Operator, Record Keeper & Sorter on daily wage basis, though the petitioners continued to take work from her that of Stenographer. Her services were regularized as Gangman on 6.6.1998 while she was working as a Record Sorter under D.E.N. Agra Cantt; that on 20.12.1989 she was promoted from the post of Photostat Machine Operator to the post of Record Sorter in the grade of Rs.825-1200/- (RPS), although she was allowed to continue as Stenographer in stop-gap arrangement as the office of AEE (C) MTJ does not have any post of Stenographer.

(3.) It is averred by the petitioners that Respondent no. 2 moved an application dated 12.9.2006 for her transfer to the office of S.S.E. N.C.R. Palwal whereupon she was transferred vide order dated 10.1.2007 on her own request showing her to be working on the post of Gangman but she refused to join on the said post at the transferred place of posting claiming sickness; that a show cause notice dated 5.2.2007 was given to her stating that in case she does not join her duty at Mathura as gangman and, disciplinary action will be taken against her for refusal and absence from duty. As she did not joined duty at Mathura and remained absent w.e.f. 14.11.2006, she claimed harassment by her immediate officer and prayed for relieving her for joining at her transferred place of posting at Palwal. Thereafter, respondent no.2 filed Original Application No. 376 of 2007 (Vijay Laxmi versus Union of India and others) before the Central Administrative Tribunal, Allahabad Bench, Allahabad (hereinafter referred to as ' the Tribunal') which was allowed vide order dated 16.9.2009 directing the applicant to submit within 6 weeks from the date a certified copy of this order is produced before the concerned respondents/Competent authority, who shall in turn ensure that the applicant is allowed to join her duties forthwith as Steno-Typist in the office in question at Mathura ( i.e. office of AEN, NCR, Mathura) and pay her arrears as well as month by month future salary treating her in continuous service and other consequential benefits within two months as per relevant statutory rules.