REPLY BY EMPLOYER ON TRANSFER
BEFORE THE HON'BLE STATE ADMINISTRATIVE TRIBUNAL AT _________
OA No.: _____
______________________ Applicant
Versus
______________________ Respondents
Reply on behalf of the respondent No. _______ to OA filed under Section 19 of the Administrative Tribunals Act
Respectfully:
Preliminary Submissions/Objections:
1. That the applicant has not come with clean hands before this Hon'ble Tribunal as he has not disclosed the factum of joining of the replying respondent on ______. He has also purposely concealed his incumbency, which is as under:-
2. __________
3. That the present OA is not maintainable at all. No indefeasible right of the applicant has got infringed by the impugned order. It is well-settled law by now that the transfer is a matter of administrative discretion and prerogative of the employer. It is not a condition but an incidence of service and the administrative guidelines do not confer any legal or vested right in a Govt employee for challenging his or her transfer. The law in this regard is well settled and reported in 1995 (4) SCT 225 & 1998 (3) SCC 303. Therefore, the impugned transfer order is neither unauthorised nor without jurisdiction and nor malafide or violative of any statutory/mandatory rules and as such the same does not suffer from any vice and the impugned order was well within the prerogative of the respondent state, which is not liable to judicial scrutiny. On the contrary, the applicant has not come with clean hands before this Hon'ble Tribunal.
4. Reply on Merits:
(a) Admitted.
5. That the contents of this para of OA are wrong and denied. __
6. 4 & 5. Admitted.
7. That the contents of this para of OA are wrong and denied.
(a) That the contents of this sub-para of OA are wrong and denied. __
(b) That the contents of this sub-para of OA are wrong and denied. __
(c) That the contents of this sub-para of OA are wrong and denied. __
(d) That the contents of this sub-para of OA are wrong and denied. __
(e) That the contents of this sub-para of OA are wrong and denied. __
(f) That the contents of this sub-para of OA are wrong and denied. __
(g) That the contents of this sub-para of OA are wrong and denied. __
(h) That the contents of this sub-para of OA are wrong and denied. __
(i) That the contents of this sub-para of OA are wrong and denied. __
(j) That the contents of this sub-para of OA are wrong and denied. __
(k) That the contents of this sub-para of OA are wrong and denied. __
(l) That the contents of this sub-para of OA are wrong and denied. __
(m)That the contents of this sub-para of OA are wrong and denied. __
(n) That the contents of this sub-para of OA are wrong and denied. __
(o) That the contents of this sub-para of OA are wrong and denied. __
(p) That the contents of this sub-para of OA are wrong and denied. __
8. That the contents of this para of OA are wrong and denied. ______
9. That the contents of this para of OA are wrong and denied. It is respectfully submitted that the applicant has obtained ex-parte interim orders by suppression of material facts and as such the interim orders passed by this Hon'ble Tribunal deserves to be vacated and may kindly be vacated in the interest of justice with costs on the applicant. ______
10. to 12. (That the contents of these paras of OA are wrong and denied.)
(Name of Place) Replying Respondent No. _____
______ Through, Advocate
BEFORE THE HON'BLE _________ADMINISTRATIVE TRIBUNAL AT _____________
OA No: ______
______________________ Applicant
Versus
______________________ Respondents
Affidavit in support of reply filed by the replying respondent No. ______
I,______, do hereby solemnly affirm and declare as under :-
1. That the accompanying reply has been prepared under my instructions.
2. That the contents of paras 1 to _____ of the Preliminary submission and paras 1 to 12 of the reply on merits are correct and true to the best of my knowledge.
3. That I further solemnly affirm and declare that this affidavit of mine is true, no part of it is false and nothing material has been concealed therein.
Affirmed at (Name of Place) this the ______.
BEFORE THE HON'BLE STATE ADMINISTRATIVE TRIBUNAL ___________AT _______________
MA No.:______ of ____ in OA No.: _________
______________________ Applicant
Versus
______________________ Respondents
Application under Rule 8 (3) of ____________ Administrative Tribunal Rules for condonation of delay in filing of reply on behalf of the Replying Respondent
Respectfully:
1. That the above mentioned OA is filed in this Hon'ble Tribunal by the original applicants.
2. That this Hon'ble Tribunal was pleased to grant time to file the reply to the above OA. The replying respondent/applicant could not file the reply within the stipulated period as the replying respondent had to collect certain records. The delay in filing of the reply is neither intentional nor willful.
3. That filing of reply is essential for adjudication of the matter in interest of justice. The replying respondent could not file the reply within the stipulated time.
4. It is, therefore, most humbly prayed that the delay in filing of the reply may kindly be condoned and the reply may kindly be taken on record in the interest of justice. Such other order may also be passed as deemed fit and proper in the facts and circumstances of the case.
(Name of Place) Replying Respondent No._____/Applicant
______ Through, Advocate
BEFORE THE HON'BLE STATE ADMINISTRATIVE TRIBUNAL __________AT _____________
MA No.:______ of _____ in OA No.: _______
______________________ Applicant
Versus
______________________ Respondents
Affidavit in support of application under Rule 8 (3) of ____________ Administrative Tribunal Rules
I,_____, do hereby solemnly affirm and declare as under :-
1. That the accompanying application has been prepared under my instructions.
2. That the contents of paras 1 to 4 of the accompanying application are correct and true to the best of my knowledge.
3. That I further solemnly affirm and declare that this affidavit of mine is correct and true and no part of it is false and nothing material has been concealed therein.
Affirmed at (Name of Place) this the _____.
BEFORE THE HON'BLE STATE ADMINISTRATIVE TRIBUNAL _____________AT _________________
MA No. _____ of _____ in OA No.: _____
______________________ Applicant
Versus
______________________ Respondents
Application under Rule 8 (3) of ____________ Administrative Tribunal Rules for vacation of interim orders dated _____ and releasing of due and admissible salary
Respectfully:
1. That the above mentioned OA is filed in this Hon'ble Tribunal by the original applicants.
2. That the original applicant has obtained interim orders from this Hon'ble Tribunal by suppression of material facts. There is neither balance of convenience in favour of the original applicant nor there is prima facie case in his favour.
3. That _______
4. That interest of justice demands that the interim orders passed by this Hon'ble Tribunal on _____ may kindly be vacated. In case the interim order is allowed to continue, the respondent/applicant will suffer irreparable loss and injury, which cannot be compensated in terms of money. The respondent applicant is not getting any salary since _____ and is facing grave financial hardship.
5. It is, therefore, most humbly prayed that this application may kindly be allowed and the interim order passed by this Hon'ble Tribunal on _____ may kindly be vacated and the respondent department may kindly be directed to release due and admissible salary to the applicant/respondent in the interest of justice. Such other order may also be passed as deemed fit and proper in the facts and circumstances of the case.
(Name of Place) Applicant
_____ Through, Advocate
BEFORE THE HON'BLE STATE ADMINISTRATIVE TRIBUNAL ________ AT ______________
MA No. _____ of ____ in OA No.: ________
______________________ Applicant
Versus
______________________ Respondents
Affidavit in support of application under Rule 8 (3) of ____________ Administrative Tribunal Rules
I,_____, do hereby solemnly affirm and declare as under :-
1. That the accompanying application has been prepared under my instructions.
2. That the contents of paras 1 to 5 of the accompanying application are correct and true to the best of my knowledge.
3. That I further solemnly affirm and declare that this affidavit of mine is correct and true and no part of it is false and nothing material has been concealed therein.
Affirmed at (Name of Place) this the _____.
BEFORE THE HON'BLE STATE ADMINISTRATIVE TRIBUNAL AT ______________
OA No: ________
______________________ Applicant
Versus
______________________ Respondents
Index
|
SI No |
Annx |
Particulars of Documents |
Pages |
|
1. |
|
Reply |
1 |
|
2. |
|
Affidavit |
|
|
3. |
R-1 |
|
|
|
4. |
R-2 |
|
|
|
5. |
R-3 |
|
|
|
6. |
R-4 |
|
|
|
7 |
|
MA for Condonation |
|
|
8 |
|
Affidavit |
|
|
9 |
|
MA for Vacation of Stay |
|
|
10 |
|
Affidavit |
|
|
11 |
|
Power of Attorney |
|
(Name of Place) Replying Respondent No. _____
______ Through, Advocate
