om:147-cl-2021-Nov — Applicant approached the Tribunal against his transfer from Lokra Sonitpur, Assam to 40 Assam Rifles, Tuensang in the State of Nagaland. Tribunal initially had given 6 months' time to carry out the transfer order. On hearing both sides, when the Applicant filed again for his retention at Lokra, another four months time was given to move in the new place of posting at 15 Assam Rifles, Mantripukhri, Manipur after deadly COVID-19 situation is over
Original Rule Text
Applicant approached the Tribunal against his transfer from Lokra Sonitpur, Assam to 40 Assam Rifles, Tuensang in the State of Nagaland. Tribunal initially had given 6 months' time to carry out the transfer order. On hearing both sides, when the Applicant filed again for his retention at Lokra, another four months time was given to move in the new place of posting at 15 Assam Rifles, Mantripukhri, Manipur after deadly COVID-19 situation is over — The Tribunal issued an interim order to retain the Applicant at his current post while it hears both sides regarding his transfer, given the COVID-19 pandemic situation. The case is related to a disp... — Facts: This is the third round of litigation in approaching the Tribunal against his transfer from Lokhra, Sonitpur, Assam to 40 Assam Rifles, Tuensang in the state of Nagaland due to his health condition. In the previous case against the Applicant's transfer when he approached the Tribunals, it was ordered to execute a Medical Board and on receipt of the Medical Board order, suitable decision is to be taken by Respondent.
In compliance to that direction of the Tribunal, dated 20-12-2018 the Respondent authorities issued a speaking order "No. 1.14017/Rec./ Adm-IV/Civ/2019, dated 18-7-2019 wherein it was said that that transferred place is very near to Imphal, Manipur and as such said individual can easily avail all medical facilities there, individual to move forthwith failing which disciplinary action be taken".
Being aggrieved by that speaking order, dated 18-7-2019, he filed this O.A. No. 247 of 2019 on the ground of taking medical treatment at GNRC Hospital since March, 2019 to give 6 months' time enabling him to complete his medical treatment at GNRC, Guwahati. Tribunal issued an interim order not to disturb the Applicant from the present place of posting i.e. 24th Assam Rifles School at Lokra, Sonitpur, Assam till further orders.
Respondents filed their reply in the regard explaining the reasons for his transfer.