Sima Kumar v. Union Of India And ORS.

Ct. No.4 D/L-3 31.01.2025 (Naba) W.P.C.T. 24 of 2025 Sima Kumar Vs.

Union of India & Ors.

Mr. Pratik Dhar, Sr. Adv., Mr. Ujjal Ray, Mr. Arpa Chakraborty, Ms. Sreyanshi Majumdar, Ms. Manishikha Mondal ...for the Petitioner Mr. Rajendra Banerjee, Mr. Prateek Debnath...........

...for the Respondents 1.

Heard learned counsel for the petitioner as well as the learned counsel for the Union of India.

2.

The petitioner, an Assistant Accounts Officer was promoted to the post of Senior Accounts Officer and upon promotion has been transferred. She has assailed the transfer by filing an Original Application (hereinafter referred to as O.A.). The O.A. No. 97 of 2025 was taken up by the Central Administrative Tribunal, Kolkata Bench (hereinafter referred to as C.A.T.). The applicant made prayer for stay of the transfer order. After due consideration of the issue the C.A.T. has refused to interfere with the transfer order at the interim stage and directed for filing of reply and rejoinder so as to facilitate final consideration of the issue.

3.

The learned counsel for the petitioner made submissions to buttress the claim of the petitioner for an interim order staying the operation of the stay order. After having made such submission, he has further submitted that there is a policy guideline dated 31st January, 2024 under which the petitioner may expect some consideration. Since the petitioner could not rely upon the said policy he seeks liberty to pray for appropriate relief in this regard based on the new policy. 4.

We would only observe that no such liberty is required as it is always open to the petitioner to avail all remedies in accordance with law relying upon any policy decision or rule or statutory provision, which however is required to be considered in accordance with law.

5.

The Writ Petition is dismissed with such liberty. (Madhuresh Prasad, J.) (Supratim Bhattacharya, J.)