JAYAN V v. DEPARTMENT OF SOFTWARE TECHNOLOGY PARK OF INDIA

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"(i) To set aside Annexure A2 order of the 4^th respondent as illegal, arbitrary and violative of principles of natural justice fair play and equity.

(ii) To direct the respondents to retain the Applicant at present station at STDC, C-DAC Thiruvananthapuram.

(iii) To direct the 2^nd respondent to consider and pass appropriate orders on Annexure A4 representation submitted by the Applicant as expeditiously as possible after affording an opportunity of personal hearing to the Applicant.

(iv) Such other reliefs that the Hon'ble Tribunal deem fit in the facts and circumstances of the case."

2. The brief facts of the case are as follows:

It is submitted by the applicant that he is currently working as Joint Director/Scientist E in the Software Training and Development Centre, Centre for Develpment of Advanced Computing, (C-DAC-T), Vellayambalam, Thiruvananthapuram. It is submitted that the respondents have issued transfer order on 05.01.2022 transferring and posting the applicant at SDC Project site at Jammu with immediate effect. Hence, aggrieved by the above, the applicant has approached this Tribunal praying for above reliefs.

3. When the matter came up for consideration before this Tribunal, it appears that a representation vide Annexure A4 is pending before the respondent no.2.

4. Adv. Ms. Shalina Om, SCGSC takes notice on behalf of the respondents and submits that she has issues in giving Interim Relief to the applicant but has no objection in considering his representation and in disposal of the same.

5. Considering the above submission, we direct the respondent no.2 to

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consider Annexure A4 representation in the light of relevant rules and binding instructions and dispose it of by passing a reasoned and speaking order within a period of one week from the date of receipt of a certified copy of this order. Till then the applicant shall not be relieved, if not relieved already.

6. The Original Application is disposed of as above at the admission stage itself. No costs.

(K.V. Eapen) (P. Madhavan) Administrative Member Judicial Member

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List of Annexures

Annexure A1(a)- The true copy of the tour requisition submitted by the applicant on

04.12.2020

Annexure A1(b)- The true copy of the tour requisition submitted by the applicant on

30.01.2021

Annexure A1(c)- The true copy of the tour requisition submitted by the applicant on

18.06.2021.

Annexure A1(d)- The true copy of the tour requisition submitted by the applicant on

16.09.2021

Annexure A1(e)- The true copy of the tour requisition submitted by the applicant on

11.10.2021.

Annexure A1(f)- The true copy of the tour requisition submitted by the applicant on

16.11.2021.

Annexure A1(g)- The true copy of the tour requisition submitted by the applicant on

10.01.2022.

Annexure A1(h)- The true copy of the tour requisition submitted by the applicant on

02.02.2022.

Annexure A2- The true copy of the office order No.HR/340(211)/2022 dated 05.01.2022 issued by the 4^threspondent transferring the Applicant to the SDC Project Site at Jammu.

Annexure A3- The true copy of the medical certificate issued by the Senior Consultant (Obstetrics and Gynaecology), Sabine Hospital, Muvattupuzha. Annexure A4- The true copy of the representation submitted by the Applicant before the 2^ndrespondent on 06.01.2022.

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