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RITESH RANJAN (Translator)     15 November 2017

Choice posting after completing fixed tenure at ne region

Respected Jurists,

At the onset, while humbly marking my deepest gratitude towards you all and this great forum from where I have been immensely benefitted, I again seek your kind expertise on the facts and circumstances appended below...

(i)         that, I had joined the Govt. service on 30th Jan, 2004 at DRDO, Min. of Defence.

(ii)        that,  consequent to my selection in present Department of Atomic Energy, I did submit my Technical Resignation in my previous department thus, enabling self to avail the past service benefits.

(iii)       that, I joined my present workplace on the 25th Jan, 2010.

(iv)       that, as per instructions contained in the Office Memorandum No. 20014/2/83-E.IV dated 14th Dec’, 1983 issued by Dept. of Expenditure, Min. of Finance, Govt. of India I am eligible for CHOICE POSTING. (Copy attached for kind perusal.)

(v)        that,  under an RTI reply my department has admitted that they follow the above cited Office Memorandum as their transfer policy.

(vi)       that, it is pertinent to submit here that as many as 04 analogous incumbents are there in this department having all India service liability. 

(vii)      that, my old aged mother is suffering from Cancer, therefore, her condition genuinely and essentially warrants my attention and service.

(viii)     that, upon my request of transfer the authorities intimated that selection process for new incumbent is in pipe-line and transfer with choice posting will be granted only after the said selection and posting. Where as, all other eligible and even some non-eligible colleagues were granted Choice Posting.

(ix)       that, the above cited selection process is in probity of no certain period or date.

(x)        that, at station where the choice posting is sought, position is also vacant.

(xi)       that, aggrieved by such information and condition, I again submitted an application on 07th Nov’, 2017 praying there in immediate transfer and choice posting within 15 days citing my mother’s exacerbated condition.

In light of these submissions, I require your expert guidance please :

a) whether, I can get any relief from the Hon’ble Judiciary by means of writ or I have to approach the relevant CAT bench for the same.

b) what should be the grounds for my prayer before the Hon’ble Judiciary.

I shall be ever grateful to you.

Thanking you,

Yours faithfully,

Ritesh Ranjan



Learning

 4 Replies

RITESH RANJAN (Translator)     18 November 2017

Sir/s, I have also posted the same on PATHLEGAL vide link https://www.pathlegal.in/my/viewquestion.php?q_id=Q000000000546050 under PAID category. Please help and guide over https://www.pathlegal.in/my/viewquestion.php?q_id=Q000000000546050


(Guest)

Dear Mr. Ritesh,

You have not been able to link the events properly.

By the way, what is the concern between the DRDO department and the department of atomic energy, except your transfer on technical resignation from DRDO, with specific reference to fixed tenure at the NE Region? Contrarily, descripttion of your problem is silent about posting details at NE region, whether in the DRDO or the Department of Atomic Energy.

 

RITESH RANJAN (Translator)     18 November 2017

Shri JIGYASU, Sir, The purpose of mentioning DoJ at DRDO is to project the span of my service under the Central Govt which, if you kindly go by the attachment is significantly related to Fixed Tenure at NE Region. I am posted at NE Region under the Department of Atomic Energy since 25th January, 2010.


(Guest)

Please re-read my query and reply accordingly.

By the way, is not it surprising that the title of your query contains a mention about tenure posting in NE Region, but there appears no reference of the instances and the exact duration of service at tenure region and whether in the old department or in the new department in descripttion of your problem 

Further, what do you infer from the term "past service benefits"?

I feel, you have preferred to read between the lines, rather than making correct interpretation of the various orders about the past service benefits and the posting at choice stations after serving NE region.

 

 


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