By Dr. G.C. Srivastava, Vice Chairman This Original Application has been filed against the transfer order dated 21.2.2007, by which the applicant has been transferred from Jabalpur to Cossipore, West Bengal vide Annexure A-6. During the arguments, the learned counsel for the applicant stated that he has already foregone promotion once and he is ready to forgo promotion again incase he is permitted to remain at Jabalpur in his existing capacity. He will be doing this in the interest of the education of his children.
2. The learned counsel for the respondents has drawn our attention to Annexure R-1, which is a circular dated 24.5.2002, laying down the guidelines for transfer in case of refusal of promotion by an individual. In paragraph 4(b) of this circular it has been stated that the competent authority has the power to accept the refusal of promotion for the second time in deserving/exceptional cases. The learned counsel for the applicant made a statement at the Bar that the applicant is interested in remaining at Jabalpur in the existing capacity for the education of his children and he is ready to make a representation to that effect to the authorities for consideration.
3. In the facts and circumstances of the case, we are of the view that ends of justice would be met by directing the applicant to make a representation stating that he is ready to forgo promotion for the second time provided that he is retained at Jabalpur in his existing capacity. We do so accordingly. If he makes such a representation within a week from today stating the grounds on which he wants to stay at Jabalpur, we direct the respondents to consider the representation and pass an appropriate order in terms of the guidelines issued in this regard, especially paragraph 4(b) of the guidelines. This may be done within one month from the date of receipt of the representation from the applicant. Till then, no coercive measure should be taken by the respondents for implementing the impugned transfer order.
4. With the aforesaid direction the Original Application is disposed of. No order as to costs. Sd/- Sd/- (A.K. Gaur) (Dr. G.C. Srivastava) Judicial Member Vice Chairman
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