Narayan D. Nagavi v. Union Of India

Heard. The applicant now submits that it is the mid academic session for his son studying in the 10th standard. But it appears that the applicant vide his letter dated 2.4.2013 had sought that his request for retention in station on educational grounds may be canceled. He now says that he was not knowing that several other had requested on the same grounds and were granted retention. Without knowing it, he has issued another letter requesting for deferment by 3 months till end of April 2013 and also transfer to Chennai or Secunderabad. Thereafter, the concerned officer made necessary arrangements for him to be transferred to Secunderabad, which was his place of choice. Now he would lament that wisdom has dawned on him and that there is possibility of his son loosing domicile rights if he is made to write his 10th Standard exam elsewhere other than Karnataka. He also produces a letter issued by the local authorities which indicates that there is severe shortage of Engineers in Bangalore and therefore they have recommended retention of the applicant, at least for one more year

2. I have heard both the Counsel in great detail. After hearing them and in the light of the various Hon'ble Supreme Court Judgements, the following orders are issued:

1. The applicant will be allowed to retain the quarter at Bangalore till 31.4.2014 without any penal consequences on him, so that his dependents can stay there, therefore his son can continue his education without any disturbance.

2. The applicant will be relieved on 30.8.2013 and shall be allowed normal time for joining and other consequences of transfer also may be made available to him as per rules.

3. That, in the interregnum period between the 30.8.2013 and the date of earlier order shall be treated as duty for all purposes.

3. OA is disposed of All the 3 MAs are also disposed of No order as to costs.