1 OA 971/2018

CENTRAL ADMINISTRATIVE TRIBUNAL CHENNAI BENCH

OA/310/00971/2018 Dated Tuesday the 24th day of July Two Thousand Eighteen

PRESENT

HON'BLE MR. R. RAMANUJAM, Member (A) & HON'BLE MR. P. MADHAVAN, Member (J)

Shaji P. John, Sr. Section Engineer/TL, Working Under Dy. CEE/CW/PER/Loco Works, Southern Railway, Chennai 600003. ….Applicant

By Advocate M/s. Ratio Legis

Vs

1.Union of India rep by, The General Manager, Southern Railway, Park Town, Chennai.

2.The Principal Chief Electrical Engineer, Southern Railway, Park Town, Chennai.

3.The Principal Chief Personnel Officer, Southern Railway,, Park Town, Chennai.

4.Dy. Chief Electrical Engineer, Carriage and Wagon, Perambur, Chennai. ….Respondents

By Advocate Mr. P. Srinivasan 2 OA 971/2018

ORAL ORDER

(Pronounced by Hon'ble Mr. R. Ramanujam, Member(A))

Heard. The applicant has filed this OA under section 19 of the

Administrative Tribunals Act, 1985 seeking the following relief:

" To call for the records related to the impugned order of transfer Office Order no. EL/75/2017 dt. 29.12.2017 passed by the 3rd respondent and PB/636/Sup/Vol XXVII/383 dt. 26.06.2018 passed by the 4th respondent and to quash the same declaring the transfer as punitive and to direct the respondents to retain the applicant at Perambur and to pass such other order/orders as this Hon'ble Tribunal may deem fit and proper and thus to render justice. "

2. It is submitted that the applicant who is working as Senior

Section Engineer in the Southern Railways has been transferred from

Perambur division to Madras division of the Southern Railways by

Annexure A2 order dt. 26.06.2018. Aggrieved by the transfer order the applicant made Annexure A3 representation dt. 03.07.2018 which is still pending before the authorities. The applicant would be satisfied if the competent authority is directed to consider the representation and pass appropriate orders and in the meantime, maintain status quo, it is urged.

3. Mr. P. Srinivasan takes notice for the respondents.

4. Keeping in view the limited relief sought and without going into the substantive merits of the case, we deem it appropriate to direct the competent authority to consider Annnexure A3 representation of the applicant dt. 03.07.2018 in accordance with their transfer policy and pass a reasoned and speaking order within a period of four weeks from 3 OA 971/2018 the date of receipt of a copy of this order. The applicant is permitted to supplement his representation with any additional material that may be in his possession including citations, if any within a period of one week from the date of receipt of a copy of this order. Respondents shall maintain maintain status quo with respect to the transfer of the applicant till his representation is disposed of by the competent authority.

5. OA is disposed of with the above direction at the admission stage.

(P. Madhavan) (R.Ramanujam) Member(J) Member(A) 24.07.2018 SKSI