By Hon’ble Mr. Manish Garg, Member (J)

1. This Original Application has been filed by the applicant under Section 19 of Administrative Tribunals Act, 1985, seeking the following relief(s):

“i. To quash and set aside the impugned Order No. 290/2023 dated 18.05.2023 qua applicant.

ii. To direct the respondents to allow the applicant to continue in Delhi Customs as per Board’s letter dated 15.09.2003 and by following the same criteria as followed in respect of similarly placed persons appointed as Appraiser in Delhi Customs as per Board’s letter dated 15.09.2003 prior to applicant.

iii. To declare the action of respondents in transferring the applicant to Chennai Customs in preference to Appraisers of Kolkata Customs continuing in Delhi after their posting during 2013 to 2020 as illegal and direct the respondent to continue the applicant in Delhi till creation of regular cadre of Appraiser in Delhi like Kolkata Customs, Mumbai Customs & Chennai Customs.

iv. To allow the OA with cost.”

2. Learned counsel for the applicant states that the matter is squarely identical to decisions passed by Coordinate Bench of this Tribunal in OA No.4602/2017, titled Ashok Kumar & Ors. Vs. Union of India & Ors, O.A. No.1583/2021, titled Dipak Kumar Vs. Union of India & Ors and OA No.404/2021, titled Vivek Agarwal Vs. Union of India & Ors decided. The relevant para of OA No. 4602/2017 reads as under:-

“5. In view of the aforesaid, the present OA stands disposed of with liberty to the applicants to prefer supplementary/comprehensive representation(s) for redressal of their grievances within two weeks from the date of receipt of a copy of this order and with direction to the respondents that competent authority amongst the respondents shall consider such representation(s) keeping in view relevant rules and policy and dispose of the same by passing reasoned and speaking order as expeditiously as possible and preferably within six weeks of receipt of such representation(s). Interim protection granted by this Tribunal shall continue till communication of the said speaking order(s).

6. In view of the aforesaid, the present OA stands disposed of in the aforesaid terms. Associated MA stands disposed of accordingly.”

The relevant para of OA No.1583/2021 reads as under:-

“6. In view of the fact that the applicants have recently

made a representation, we dispose of the O.A. at the admission stage itself, giving liberty to the applicants to prefer a comprehensive representation within fifteen days. On receipt of such representation, the competent authority shall dispose of the same by passing a speaking and reasoned order in the light of the decision of the Apex Court in O Karuppa Thevan (supra), within a period of three months thereafter, under intimation to the applicants. Till such time, the operation of impugned order, so far as it relates to the applicants, shall be kept in abeyance. There shall be no order as to costs.”

3. Learned counsel for the applicant states that the applicant’s representation dated 11.04.2023 is pending consideration before the respondents and he would be satisfied if a direction is given to the respondents to dispose of the same within a limited time frame.

4. In view of the limited prayer made by the learned counsel for the applicant and decision rendered by this Tribunal in aforesaid OAs, the OA stands disposed of with a direction to Competent Authority amongst the respondents to consider the pending representation, keeping in view relevant rules and policy and dispose of the same be passing a reasoned and speaking order, as expeditiously as possible and preferably within six weeks of receipt of a certified copy of this Order. Till such time, the operation of impugned order, so far as it relates to the applicant, shall be kept in abeyance.

5. Pending MAs, if any, shall also stand disposed of accordingly.

6. No order as to costs.

7. Order DASTI.