om:49-cl-2025-Apr — When administrative remedy is not exhausted i.e., the representation by the Applicant against his transfer is pending, the OA may be disposed of with a direction to the Respondents to consider the pending representation and till then status quo shall be maintained qua the transfer order

When administrative remedy is not exhausted i.e., the representation by the Applicant against his transfer is pending, the OA may be disposed of with a direction to the Respondents to consider the pending representation and till then status quo shall be maintained qua the transfer order — This chunk pertains to the hearing in the case where an applicant challenges his transfer, as the representation against his transfer is still pending. The counsel for the applicant requests that the... — Facts:Challenge is against the transfer of the Applicant from CCP(NER) to CGST (Itanagar) vide Order, dated 6-6-2024 – Annual General Transfer in the Grade of Superintendent. The grievance of the Applicant is that, he was frequently transferred and lastly he was transferred and posted from Headquarter, Customs Preventive Unit, Shillong to Customs Division, Guwahati vide Order, dated 9-9-2021. However, he has been again transferred to CGST, Itanagar vide Annual General Transfer, dated 6-6-2024. The Applicant contends that he should be allowed to complete his tenure of 6 years in the present station i.e. CCP (NER) in terms of Para. 4-C of Department's Transfer and Posting Guidelines, dated 14-3-2023. Further, the Applicant is 56 years old and has less than 4 (four) years of service left. In this regard, he has made a representation before Respondent No. 2 i.e. the Chief Commissioner, CGST, Central Excise and Customs, Guwahati Zone, GST Bhawan, Kedar Road, Guwahati on 7-6-2024, which is still pending before the Authority. Since the Applicant would be relieved by 14-6-2024, he has approached this Tribunal by filing the instant OA with a prayer to stay the operation of the impugned Annual General Transfer in the Grade of Superintendent (Group ‘B' Gazetted) dated the 6th June, 2024, so far the Applicant is concerned. During the course of hearing, Shri S. Nath, Learned Counsel for the Applicant has fairly submitted that as the representation of the Applicant, dated 7-6-2024 is still pending, it would suffice the purpose of the Applicant if the appropriate authority would be directed to consider the said pending representation and dispose it of within a stipulated period of time by treating this O.A. as a part of it and pass a reasoned and speaking order and till then, he may be protected.

Learned Sr. CGSC appearing on behalf of the Respondents has no objection for such consideration as per Rules.