KIRAN SHAKYA Vs. UNION OF INDIA

JUDGEMENT

(1.) By the instant application, the respondent in WP(C) No. 2745/2012 (since disposed of) seeks to recall the judgment and order dated 04.09.2012 rendered therein. We have heard Mr. A. Ganguli, learned counsel for the applicant and Ms. R. Borah, learned Central Govt. Standing Counsel for the opposite party.

(2.) The facts, in bare essential for the disposal of the instant application are that the applicant while posted as Hindi Teacher at 3(NH) Bn Assam Rifles, Chariduar, Assam was by order dated 07.12.2011 issued from the office of the Directorate General, Assam Rifles, Shillong, transferred to 14 Assam Rifles, Serchhip in the State of Mizoram. She having come to learn of this order on 26.12.2011 laid a request before the concerned authority requesting extension of the date of her release pursuant thereto till April, 2012 to see the completion of the current academic session of her children. This request was accepted and by order dated 07.02.2012 issued by the above Directorate she was directed to be released so as to enable her to join the receiving unit before 21.05.2012.

(3.) Being aggrieved, the applicant approached the learned Central Administrative Tribunal, Guwahati Bench, Guwahati (hereinafter for short referred to as the Tribunal) contending inter alia that the order of transfer dated 07.12.2011 had not been served on her and that she was arbitrarily sought to be posted during the mid academic session of her children which was not permissible in law.