UNION OF INDIA Vs. UTSAB DEB

JUDGEMENT

(1.) Heard Mr. B. Chakravarty, learned Central Government Counsel representing the petitioners. Also heard Ms. U. Dutta, learned counsel appearing for the sole respondent.

(2.) This writ petition is filed by the petitioners being aggrieved with the order dtd. 31/5/2023 passed by the learned Central Administrative Tribunal, Guwahati Bench, Guwahati (hereinafter to be referred as "CAT") in O.A. No.040/00257/2021, whereby the Original Application filed by the respondent herein has been disposed of while setting aside the order dtd. 10/8/2021 passed by the petitioner No.2, i.e. the Director, Directorate of Personnel, Defence Research and Development Organization, whereby the representation filed by the respondent herein for transferring him to any one of the 4(four) choice postings, i.e. Gwalior/Mysore/New Delhi/Bengaluru, has been rejected. The learned CAT has also set aside the deputation transfer dtd. 6/5/2021, whereby the respondent was posted on deputation transfer from DLR, Tezpur to Arunachal Pradesh.

(3.) Brief facts of the case are that the respondent joined in the Defence Research and Development Organization (hereinafter to be referred as "DRDO") in the year 2004. He was transferred to the Office of the respondent No.4 in the year 2014 and pursuant to that transfer, he joined in the Office of the respondent No.4 on 11/8/2014. It is to be noted that the respondent was transferred in the Office of the respondent No.4 on his own request. After completion of the tenure of posting of 3(three) years, the respondent submitted a representation on 8/1/2018 for his transfer to either of the places, i.e. Gwalior/Mysore/New Delhi/Bengaluru. When no action on the said representation was taken, the respondent has submitted another representation on 30/1/2019. In the meanwhile, the respondent even tried for mutual transfer with one incumbent from Hyderabad but the same was also not considered. It was the case of the respondent that instead of considering his choice posting, the authority, vide order dtd. 6/5/2021, sent him on deputation to Arunachal Pradesh.