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Stunt Trez   19 November 2022

Transfer related oa judgement interpretation

Hon’ble CAT order: 

 

“11. Accordingly, the present O.A. is disposed of with a direction to the competent authority amongst the respondents to decide the pending representation of the applicant with respect to his transfer in accordance with the transfer guidelines of 2021, specifically, the provisions of Para 9 of the said guidelines. The applicant is also afforded a liberty of ten days to file a fresh/supplementary representation in case so wishes.” 

 

“12. The competent authority after a period of ten days shall take an appropriate decision on such a representation. Till a decision in accordance with the rules and guidelines is taken, the impugned transfer order shall not be given effect to. In case, the applicant stands relieved pursuant to the transfer order, he shall not be coerced into joining at his new place of posting.”

 

“13. The O.A. stands disposed of in the light of these directions. Associated M.A., if any, stands disposed of accordingly.”

 

Queries: 

  1. Authorities have refused to rejoin the applicant stating it is not clear from the language if rejoining is to be done? 

  2. What can be done as next steps? 

  3. From the language does it make mandatory to rejoin the applicant?  



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