UNION OF INDIA Vs. R THULASIDASAN

JUDGEMENT

(1.) This application is at the instance of the Respondents and is directed. against the order dated 16 04.2010 passed by learned Central Administrative Tribunal in connection with OA 105/AN/2009 and OA 28/AN/2009 thereby setting aside the orders dated 26.08.2008 and 04.12.2008 passed by the Commissioner-cum-Secretary (Health). The learned Tribunal also quashed the order of treating the period from 26.08.2008 to 17.12.2008 as EOL. At the same time the learned tribunal passed orders treating period from 26.08.2006 to 04.12.2008 as waiting for posting and for the remaining period the request for grant of leave should be reconsidered having regard to what had been discussed in the judgment.

(2.) The Respondent herein filed the said two applications. The facts in brief are mentioned below.

(3.) The Respondent authorities/applicants herein have contested the applications by filing affidavits-in-opposition denying all material allegations made in the applications. They have stated that the transfer of the Respondent to UHC, Delanipur was made in the interest of public, when Dr. E.P. Sharfuddin retired from service on superannuation. The representation of the Respondent dated 12.08.2008 was disposed of by an order dated 26.08.2008, it was observed that the Respondent could not claim his right to continue as Deputy Director (HE & HIC) for a particular period, since he was recruited as GDMO and not as Deputy Director (HE & HIC). The Respondent ought to have joined at Delanipur UHC, as soon as the speaking order dated 26.08.2008 was issued by the Commissioner-cum-Secretary (Health). All the GDMOs are required to serve in all Health Institutions in Andaman and Nicobar Administration. After serving for about 10 years at G.B. Pant Hospital, Port Blair, the Respondent was transferred to Delanipur UHC, which is at a distance of 2 kilometers only from his residence. Subsequently, he was sent to Mayabunder Hospital because there was no Pathologist at that hospital and the Respondent also prayed for appointment as Pathologist because he was qualified for that post. Therefore, there was no illegality in the matter of transfer of the Respondent, so the applications should be dismissed.