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TMI Blog2017 (10) TMI 595X X X X Extracts X X X X X X X X Extracts X X X X ..... unal. - WRIT PETITION NO. 10913 OF 2017 - - - Dated:- 28-9-2017 - SMT. V.K. TAHILRAMANI DR. SHALINI PHANSALKAR-JOSHI, J.J. Mr. Ravi Kadam, Senior Advocate, i/by Mr. Sandeep Marne, for the Petitioner. Mr. A.M. Sethna, i/by Mr. A.A. Garge, for the Respondent. ORAL JUDGMENT : [Per Dr. Shalini Phansalkar-Joshi, J.] 1. Rule. Rule is made returnable forthwith. Heard finally, by consent of the parties. 2. By this Writ Petition, filed under Article 226 of the Constitution of India, the Petitioner is invoking the extra-ordinary jurisdiction of this Court in order to quash and set aside the interim order dated 26th September 2017 passed by the Central Administrative Tribunal, Mumbai, in his Original Application No.210/00537 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , she will not be required to vacate the premises on transfer of the Petitioner to Gorakhpur. Therefore, we find that the Tribunal was justified in not accepting this ground. 5. The second ground on which the stay is sought to the 'Transfer Order' is that, the Petitioner has not completed 14 years of continuous stay in Mumbai, excluding the period for which he was sent on deputation. For this purpose, the reliance is placed on the Guidelines, 2010 dated 16th February 2010. Clause 4.3(i) provides that, all Group 'A' Officers shall be transferred, if they have completed the field postings of 8 years continuous stay in the metropolitan stations, like New Delhi, Mumbai etc. Clause 4.4(i) gives 'Explanation' for th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsiders necessary to do so in public interest and in furtherance of organizational objectives, transfer, retain, or, post any Officer to any station / region, or, a specific post . 8. Clause 7.2 also provides that, in between Two Annual General Transfer exercises, on administrative exigencies, the Placement Committee may shift any officer from one place / post to another . 9. Therefore, on this count also, we do not find that there is any reason to stay the operation of 'Transfer Order' of the Petitioner. 10. As regards the third ground also, the Supreme Court, while interpreting the policy of retention on the spouse ground, has observed that, the said provision of posting husband and wife at the same station is discretion ..... X X X X Extracts X X X X X X X X Extracts X X X X
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