PRADEEP D. SIGNAPURKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Heard learned Counsel for the parties.

(2.) The Petitioner joined service in the clerical department of Military Engineering Services and was working as an Upper Division Clerk when he was promoted as an Assistant Administrative Officer vide Order dated 30th August, 2018 and was required in terms of the Promotion-cum-Posting Order dated 30th September, 2018 to join the Office of Garrison Engineering (Army) at Gandhinagar. The Petitioner made a representation to retain him at Goa on the plea that he is a cancer survivor having suffered carcinoma pelvis. He informed that his treatment was at Kasturba Medical College Hospital at Manipal, State of Karnataka, but follow up treatment was at Goa Medical College Hospital. The request of the Petitioner to be retained in Goa or somewhere nearby being rejected, he filed Original Application No. 375/2019 before the Central Administrative Tribunal requesting that if not to be posted at Goa, he could be posted at a nearby station such as Ratnagiri for that would enable him to take follow up treatment at the Goa Medical College Hospital. The Department justified their stand on the plea of administrative exigencies and produced data showing 64% vacancies in the cadre of Assistant Administrative Officer. The Tribunal dismissed the Original Application on 12th June, 2019 recording exigencies of service in favour of the Department, plus the fact that the medical papers produced by the Petitioner showed that he was detected with carcinoma 18 years ago when he was aged 36 years. The Petitioner challenges said order dated 12th June, 2019.

(3.) As recorded in the order dated 11th September 2019 passed in the present Petition, the Petitioner is ready to forgo his promotion provided he is retained at Goa or posted at Belgavi, Karwar or Ratnagiri. Deferring hearing, the Respondents were granted four weeks time to reconsider the posting of the Petitioner treating him as having foregone the promotion.