2017 (10) TMI 595

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....ash and set aside the interim order dated 26th September 2017 passed by the Central Administrative Tribunal, Mumbai, in his Original Application No.210/00537 of 2017. The said Original Application was filed by the Petitioner for staying the operation and implementation of his 'Transfer Order' dated 4th July 2017. By the said order, the Petitioner has been transferred to Gorakhpur in Uttar Pradesh as 'Commissioner of Income Tax'. Petitioner has submitted representation for cancellation of the said 'Transfer Order'; however, the said representation came to be rejected. Hence, he has approached the Tribunal. 3. At the outset itself, we would like to place on record that the Petitioner has not alleged any mala fides i....

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....ted the field postings of 8 years continuous stay in the metropolitan stations, like New Delhi, Mumbai etc." Clause 4.4(i) gives 'Explanation' for the purpose of "counting continuous stay"; whereas Clause 4.4(ii) of the said 'Explanation' provides that, "in the case of Delhi and Mumbai, continuous stay shall be 14 years, including exempt post but excluding deputations and postings in the Board". 6. According to the Petitioner, admittedly, he has not completed his continuous stay of 14 years in Mumbai. However, the order passed on his representation and on his application by the Tribunal goes to reveal that, the Petitioner has already completed 13 years and 9 months' stay at Mumbai, including the period on deputation. ....

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....nterpreting the policy of retention on the spouse ground, has observed that, the said provision of posting husband and wife at the same station is discretionary and it is not such that in every case, simply because both the spouses happen to serve at one station, they cannot be shifted till their retirement. It is pertinent to note that since last about 18 to 19 years, if the Petitioner and his wife are posted at one place and now for administrative reason, if the transfer of the Petitioner is made by the Respondents, the effect of which 'Transfer Order', he has succeeded so far to avoid or to postpone, no further interim relief is necessary. 11. The reliance is placed by learned counsel for the Petitioner on the Judgment of the ....