Disposed

Rekha Birendraprasad Pande v. the Union of India

Karnataka HC29 Mar 2021WP/143422/2020

Case brief

AI extract

What is this about?

The Court disposed of a writ petition filed by a Senior Administrative Assistant seeking quashing of a posting order and mandamus to grant a change of station on compassionate grounds. Noting that the petitioner had already been transferred to Trivandrum, the Court directed the respondent to reconsider a separate representation filed on 21.12.2020.

What did the court decide?

Directed respondent No.2 to consider the representation dated 21.12.2020, if received, and pass appropriate orders within four weeks.

Rekha Birendraprasad Pande Vs the Union of… — Pension and Retirement Benefits | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 29^th DAY OF MARCH 2021

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BEFORE

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THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR

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Writ Petition No.143422 of 2020 (S-TR)

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BETWEEN

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REKHA BIRENDRAPRASAD PANDE AGE: 57 YEARS, OCC: SENIOR ADMINISTRATIVE ASSISTANT (SAA), R/O: PLOT NO.16, GURUMAULI BUILDING, MARATHA COLONY, CONGRESS ROAD, TILAKWADI, BELAGAVI-590006.

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...PETITIONER

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(BY SRI. SANGRAM S. KULKARNI, ADVOCATE)

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AND

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THE UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF DEFENSE, NEW DELHI-110002.

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HEAD QUARTERS, CHIEF ENGINEER, SOUTHERN COMMAND, PUNE-411001.

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HEAD QUARTERS, CHIEF ENGINEER, CHENNAI ZONE, ISLAND GROUNDS, CHENNAI-600009.

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4. GARRISION ENGINEER (I) LAXMI TEK,

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BELAGAVI-590009. …RESPONDENTS

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(BY SRI. MRUTYUNJAY TATA BANGI, ADVOCATE FOR R1 TO R4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI AND QUASHED THE IMPUGNED POSTING ORDER DATED 15/10/2019 PASSED BY RESPONDENT NO.2 VIDE ANNEXURE-C BEARING NO.132402/SUR-DIFI-2019/SAA/01/E1B (S)A1(A) SO FAR AS IT RELATES TO THE PETITIONER; ISSUE A WRIT OF CERTIORARI AND QUASH THE IMPUGNED ORDER DATED 5/2/2020 PASSED BY RESPONDENT NO.2 VIDE ANNEXURE-L BEARING NO.132601/SUR-DEFI-19/SAA/55/E1B (S)/A1(A); AND ISSUE A WRIT OF MANDAMUS TO CONSIDER THE APPLICATION GIVEN BY THE PETITIONER VIDE ANNEXURE-E DATED 19/10/2019 SEEKING CHANGE OF STATION ON THE GROUND OF FEMALE REPATRIATION/LAST LEG/COMPASSIONATE GROUNDS BY GIVING HER A PERSONAL HEARING AS REQUESTED BY THE PETITIO NER IN ANNEXURE-H DATED 31/12/2019.

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THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner, who is working as Senior Administrative Assistant, has submitted an application seeking change of station to the Head Quarters Chief Engineer, Chennai Zone. The said application came to be rejected. Hence, this writ petition.

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During the pendency of this writ petition, the petitioner has been relieved from the service at Belagavi and transferred to Trivandrum as Senior Administrative Assistant.

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Learned counsel for the respondents would submit that the petitioner has been relieved from service at Belagavi and transferred to Trivandrum and the petitioner, without any protest, has reported at the transferred place. Hence, he submits that the writ petition is not maintainable.

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Learned counsel for the petitioner submits that the petitioner has submitted an application with respondent No.2 seeking for change of station under the last leg/compassionate grounds. Hence, he submits that respondent No.2 may consider the said application in accordance with law.

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Learned counsel for the respondents would submit that the application filed by the petitioner under last leg/compassionate ground will be considered in accordance with law.

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In view of the submissions made by the learned

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counsel for the respondents, this writ petition is disposed of directing respondent No.2 to consider the representation dated 21.12.2020, if received by respondent No.2, and pass appropriate orders in accordance with law within a period of four weeks from the date of receipt of copy of this order.

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Sd/JUDGE

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Kms

Rekha Birendraprasad Pande v. the Union of India

Case brief

What is this about?

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Rekha Birendraprasad Pande v. the Union of India

Case brief

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