Ashutosh Kumar v. The Union Of India
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18248 of 2024 ====================================================== Ashutosh Kumar, Son of Late Jamadar Singh working as Inspector Post South Sub- Division, Motihari, Resident of Rukmini Bhawan, Shree Krishna Nagar, Post- Motihari, District- Motihari- 84540.
... ... Petitioner/s
Versus
1.
The Union of India through the Secretary-cum- D.G., Department of Posts, Dak Bhawan, New Delhi- 110001.
2.
The Chief Postmaster General, Department of Posts, Bihar Circle, Patna800001. 3.
The Assistant Director- I, O/o Postmaster General, Department of Posts, Northern Region, Muzaffarpur 842002.
4.
The Postmaster General, Department of Posts, Northern Region, Muzaffarpur 842002.
5.
The Superintendent of Posts, Champaran Division, Motihari 845401. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Devendra Kumar, Advocate For the U.O.I.
:
Mr. Amrendra Nath Verma, Sr. Counsel Mr. Rakesh Kumar Sinha, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 22-01-2025 Heard learned counsels for the parties.
2. In the instant petition, petitioner has prayed for following reliefs:- "That the present writ application is being filed on behalf of the Petitioner noted above, in the nature of certiorari or any other writ, writs, direction, directions, for the quashing of the order dated 30/09/2024 passed by the Hon'ble Member Central Administrative Tribunal Patna, in M.A. No.
554 of 2024 arising out of O.A. No. 363 of
Patna High Court CWJC No.18248 of 2024(5) dt.22-01-2025 2/3 2024, whereby and where under the Hon'ble Member, CAT Patna vide order dated 30/09/2024, vacated the stay granted in favour of the Petitioner by which the ongoing interim protection granted in favour of petitioner came to an end and vide Para 7(iv) of the order dated 30/09/2024 and further fixed next date for final hearing on 05/11/2024."
3. The present writ petition has been filed assailing the interim order insofar as vacating the interim protection granted by the Central Administrative Tribunal, Patna Bench, Patna. In other words, Original Application No. 363 of 2024 is still pending consideration. The subject-matter is relating to transfer of the petitioner from one post to another post.
4. Having regard to the nature of relief sought in the present petition and the fact that the petitioner has reported for duty where he has been transferred, therefore, Original Application No. 363 of 2024 is to be adjudicated finally. In the light of the fact that petitioner's grievance is in respect of interference with the transfer order, therefore, matter requires to be adjudicated at the earliest. Resultantly, we request the C.A.T., Patna Bench, Patna to decide Original Application No. 363 of 2024 within a period of four weeks from the date of receipt of this order. Respective parties/ counsels are hereby directed to co-operate before the CAT, Patna Bench, Patna in deciding O.A.
Patna High Court CWJC No.18248 of 2024(5) dt.22-01-2025 3/3 No. 363 of 2024.
5. With the above observations, the present writ petition stands disposed of.
(P. B. Bajanthri, J) ( Sunil Dutta Mishra, J) rakhi/- U