NIDHI MALIK  Vs UNION OF INDIA & ANR.

WP(C ) 10874/202 0 Page 1 of 3
$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 10874/2020

NIDHI MALIK ….. Petitioner
Through: Mr. Nikhil Goel,, Advocate with
Mr. Ashutosh Ghade, Advocate.

versus

UNION OF INDIA & ANR. ….. Respondents
Through: Mr. Vijay Joshi, Advocate with
Mr. Himanshu Pathak, Advocate
for R -1.
Ms.Madhumita Bhattacharjee, Advocate for R -2.

% Date of Decision: 06
th January, 2021
CORAM:
HON’BLE MR. JUSTICE MANMOHAN
HON’BLE MS . JUSTICE ASHA MENON

J U D G M E N T
MANMOHAN , J (Oral) :
The petition has been heard by way of video conferencing.
C.M.No.34066/2020
Exemption allowed, subject to all just exceptions.
Accordingly, the application stands disposed of.
“1. Allow the pres ent Petition and pass an
appropriate writ, order or direction to set aside the W.P.(C) No.10874/2020
1. Present writ petition has been filed with the following prayer:

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Impugned Order dated 01.12.2020 passed by the Ld.
Central Administrative, Principal bench, New Delhi in
MA/100/2252/2020;

2. Consequently, direct that the prayer (s) made in t he
Original Application of the Petitioner as filed before the Ld. CAT, Principal bench, New Delhi be allowed;
3. Consequently, direct the Respondent no. 1 to grant
No objection/approval to the Petitioner for transfer of her
cadre from West Bengal cadre t o AGMUT Cadre and
accordingly direct for passing of relieving orders in
favour of the petitioner in a time bound manner;

4. Any other relief which this Hon’ble Court may deem fit in the interest of justice.”

2. However, after some arguments, learned coun sel for petitioner
confines his prayer to prayer (ii) made in the OA filed along with M.A.
No. 100/2252/2020. The said prayer clause is reproduced hereinbelow: –
(ii.) In the alternative, issue an appropriate order directing
the Respondent no. 2 to act on t he Application of the
Applicant dated 10.08.2020 (Annexure A -18) and grant
consent/letter of No objection and consequential relieving
order for the Transfer of cadre of the Applicant from West
Bengal cadre to AGMUT Cadre;
3. Issue notice.
4. Mr. Vijay Jos hi, Advocate accepts notice on behalf of respondent
No. 1 and Ms. Madhumita Bhattarcharjee, Advocate accepts notice on
behalf of respondent No. 2.
5. They state that in view of the limited prayer now sought before
this Court, they do not wish to file any c ounter affidavit.
6. It is pertinent to mention that the Tribunal by way of the impugned
order has dismissed the petitioner’s O.A. on the ground of delay as far as
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challenge to order dated 25th May, 2016 of the respondent No.2 is
concerned. However, the petitioner had been given liberty to pursue her
fresh application seeking transfer of the cadre.
7. Keeping in view the aforesaid, the present writ petition is disposed
of with a direction to the respondent No. 2 to decide the petitioner’s
second represent ation dated 10th August, 2020 within eight weeks in
accordance with the order dated 06th November, 2019 passed by the
Central Administrative Tribunal (CAT), Principal Bench in O.A. 3863/2018 as well as order dated 04
th December, 2020 passed by the
Central Administrative Tribunal (CAT), Principal Bench in O.A. No.
3579/2019 and the judgment and order dated 03rd February, 2020 passed
by this Court in W.P.(C) No. 13444/2020.
8. It is clarified that the dismissal of the petitioner’s O.A. on the
ground of limit ation shall not come in the way of disposal of the
petitioner’s second representation dated 10th August, 2020. Accordingly,
the respondents are directed to decide the petitioner’s second
representation uninfluenced by the impugned order passed by the CAT.
9. The order be uploaded on the website forthwith. Copy of the order
be also forwarded to the learned counsel through e -mail.

MANMOHAN, J

ASHA MENON, J
JANUARY 06, 2021
KA

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