Manjula Das, Judicial Member:

On being mentioned by Mr.G.Baishya, learned counsel for the applicant, the matter is taken up for consideration as unlisted matter.

2. By this OA applicant makes a prayer for setting aside the impugned final transfer list of TGT (Mathematics) for annual request transfer drive 2016 and to direct the respondents to transfer the applicant either in Hingoli or Akola in terms of the letter dated 01.01.2016.

3. Mr.G.Baishya, learned counsel for the appearing for the applicant submitted that applicant was appointed as Trained Graduate Teacher (TGT in short) Mathematics at Jawahar Navodaya Vidyalaya (JNV in short), East Harinagar, Karimganj, Assam vide appointment letter dated 04.05.2006 and he accordingly joined on 27.05.2006. Thereafter he was transferred to his present place of at JNV, Nalbari. His appointment was under the Special Recruitment drive for NER/Hard & Difficult Stations in pursuance to the advertisement dated 15.07.2005 and the mandatory tenure of the employees who are recruited under the said drive for N E Region is 10 years.

4. Learned counsel further submitted that the authority vide letter dated 01.01.2016 allowed the employees who were appointed under the Special Recruitment Drive and who are going to complete the tenure in this year to submit their applications for request transfer and it was also informed that their cases would be considered immediately after the submitted his application dated 07.01.2016 before the authority for choice posting giving his three choice places, namely Hinqoli, Washim and Akola in the State of Maharashtra under Pune Region. According to the applicant, applicant has already completed his tenure of 10 years in N E Region on 27.05.2016, and as per the authoritys letter dated 01.01.2016, he has already submitted representation for choice posting.

5. Learned counsel further submitted that the wife of the applicant has also been working in the same station as TGT English and she has also completed the normal tenure in the NE Region. Accordingly she has also filed application for request transfer under annual request transfer drive 2016 giving the same choices as that of the applicant.

6. Learned counsel further submitted that the respondents published the final transfer list in respect of TGT Mathematics as well as English for Annual Request Transfer Drive, 2016 before completion of the tenure of the employees who were recruited under the Special Recruitment Drive and filled up all the vacancies of the places of choice of the applicant. On the other hand his wife has been transferred to Akola i.e. in her 3rd choice place.

7. According to the learned counsel, applicant has served the mandatory tenure of 10 years at Very Hard, Hard & N E Region, and thus, the authority ought to have given priority to his case, instead they have transferred employees from the plain to plain area within the same region. According to the learned counsel, final transfer list has been published in violation of the terms and conditions of the transfer policy, guidelines and also their own decision which was circulated vide letter dated 01.01.2016, and as such, the said list is bad in law and liable to be set aside.

8. Learned counsel further submitted that applicant submitted a representation on 06.06.2016 before the authority to consider his case for accommodating him in any of his choice places, more particularly either in Hingoli or Akolo where his wife has been transferred. In the said representation applicant submitted that his wife is under pregnancy and it will be very difficult for her to work and stay alone at Akola as there is no other person to take care of her and their 1st child is only three years old, and thus prayed for choice posting.

9. We have heard the learned counsel for the applicant, perused the application and the materials placed therein.

10. Admittedly, applicant has completed his tenure of 10 years in N E Region and on completion of their tenure he is entitled for being considered for posting to his choice places. Applicant has already submitted his choice place of postings on 07.01.2016 in terms of letter dated 01.01.2016. However, his case for choice posting has not been considered as yet and his representation dated 06.06.2016 is also pending.

11. That being the position, in the interest of justice, we direct the competent authority to adjudicate the pending application of the applicant dated 07.01.2016 for choice posting and his representation dated 06.06.2016 in the light of the transfer guidelines dated 04.04.2012 and as well as their letter dated 01.01.2016 and to consider his case for transfer to any of his three choice places of posting, particularly Hingoli or Akola. Till such time at least one vacancy of TGT, Mathematics in any of the three stations shall not be filled up.

12. With the above observations and directions, OA is disposed of at the admission stage itself.

13. There will be no order as to cost.