TRANSFER BETWEEN PROJECT
BEFORE THE HON'BLE STATE ADMINISTRATIVE TRIBUNAL AT ____________
OA No.:______ of ______
________________________ Applicant
Versus
_________________________ Respondents
APPLICATION UNDER SECTION 19 OF THE ADMINISTRATIVE TRIBUNALS ACT, 1985
(Name of Place) Applicant
______ Through, Advocate
RESPECTFULLY:
1. PARTICULARS OF THE APPLICANT:
As given in the Memo of Parties.
2. PARTICULARS OF THE RESPONDENTS:
As given in the Memo of Parties.
3. IMPUGNED ORDER:
That the applicant is aggrieved by the impugned order issued by the respondents dated ______ (Annexure A-1), whereby the applicant has been ordered to be withdrawn from the post Block Resource Center Co-ordinators after a short period of about one years. The impugned order is against the earlier instructions dated ______ (Annexure A-2), wherein it was clearly stipulated that only those incumbents be selected, who have more than 10 years service left to their credit to maintain continuity and ensure that the same person could be available for the entire project period.
4. JURISDICTION:
That the applicant declares that the subject matter of the order against which he wants redressal is within the jurisdiction of this Hon'ble Tribunal.
5. LIMITATION:
That the applicant further declares that the application is within the limitation prescribed in section 21 of the Administrative Tribunals Act, 1985.
6. FACTS OF THE CASE:
(6.1) That the applicant submits that he ____. The applicant is highly qualified and possess the qualifications of ____. ____Prior to present assignment, the applicant has the experience in the similar field in asmuchas the applicant has ____.
(6.2) That the respondents have issued a letter on ____ (Annexure A-_____), wherein they have asked for the options/applications on deputation basis for the posts of Block Resource Center Co-ordinators. The applicant alongwith other candidates applied for the same. The applicant was called for interviews on _____ (Annexures A-_____). The interviews were conducted by the duly constituted committee presided over by the Deputy Commissioner and other members being Dy. Dir. Pry. Education, Principal of DIET and Dy. Director of Secondary Education and the applicant was selected for the said post as per letter dated __ (Annexure A-_____).
(6.3) That after joining of the applicant on the said post at ______, the respondents have spent about lakhs of rupees as well as man hours on his training, ie; _____.]
(6.4) That now vide impugned order, the respondents have ordered to withdraw the applicant from his post on the unreasonable grounds, with a view to adjust some other persons as a favour. The ground of withdrawal of the applicant is neither reasonable nor appealing to conscience and the same is flimsy, arbitrary, illegal and has no nexus with the object sought to be achieved.
(6.5) That the applicant has been discharging his duties with the best of his abilities and to the entire satisfaction of superiors.
(6.6) That the impugned order issued by the respondents is arbitrary, malafide, illegal, ultra vires, against the Articles 14 and 16 of the Constitution of India, dehors the rules and regulations and against the natural justice.
(6.7) That the respondents are estopped due to their own act, deed and conduct. The principle of the Promissory Estopple applies against the respondents.
(6.8) That the impugned order is against the well settled principles of the law as laid down by the Hon'ble Supreme Court and this Hon'ble Tribunal in catena of cases.
7. RELIEFS SOUGHT
That the applicant, therefore, prays that your Lordship be pleased to issue an appropriate writ, orders or directions to grant the following reliefs in favour of the applicant in the interest of justice:-
(a) Quash the impugned order A-______ issued arbitrarily, malafide and illegally by the respondents;
(b) Direct the respondents to permit the applicants to serve at his present place of posting till normal tenure of 10 years;
8. INTERIM ORDERS, IF PRAYED:
It is most respectfully prayed, that during the pendency of this OA the operation of the impugned order A-_____ qua the applicant may kindly be stayed in the interest of justice.
9. DETAILS OF REMEDIES EXHAUSTED:
That the applicant submits that since the matter being of an urgent nature, there is no other alternative speedy and efficacious remedy available to him except to approach this Hon'ble Tribunal.
10. MATTER NOT PENDING WITH ANY OTHER COURTS ETC:
That the applicant further declares that the matter regarding which this application has been made, is not pending before any court of law or any other Authority or any other bench of this Hon'ble tribunal.
11. PARTICULARS OF COURT FEES:
Court fees worth Rs ___/- is attached herewith.
12. DETAILS OF INDEX:
An index containing the details of the documents to be relied upon is enclosed herewith.
(Name of Place) Applicant
______ Through, Advocate
Verification:
I,______, do hereby verify that the contents of paras 1 to 12 of the OA are correct and true to the best of my knowledge, and no part of it is false and nothing material has been concealed therein.
Verified here at (Name of Place) this______.
BEFORE THE HON'BLE STATE ADMINISTRATIVE TRIBUNAL AT _______________
OA No.:______ of ______
__________________ Applicant
Versus
___________________ Respondents
Index
|
SI No |
Annx |
Particulars of Documents |
Pages |
|
1 |
|
Court Fees |
[I] |
|
2 |
|
Memo of Parties |
1 |
|
3 |
|
OA |
2 |
|
4 |
A-1 |
Impugned Order dt |
|
|
5 |
A-2 |
Instructions dt |
|
|
6 |
A-3 |
Office Order dt |
|
|
7 |
A-4 |
Experience Certificate |
|
|
8 |
A-4(a) |
Special Certificate |
|
|
9 |
A-5 |
Office Order dt |
|
|
10 |
A-6 |
Office Order dt |
|
|
11 |
A-7 |
Special Certificate |
|
|
12 |
A-7(a) |
Experience & Character Certificate |
|
|
13 |
A-8 to A-11 |
In-Service training Certs |
|
|
14 |
A-12 |
MA Marks Sheet |
|
|
15 |
A-13 |
M. Phil. Marks Sheet |
|
|
16 |
A-14 |
HPPTF Certificate |
|
|
17 |
A-15 |
Memo dated |
|
|
18 |
A-16 |
Memo dt |
|
|
19 |
A-17 |
Memo dt |
|
|
20 |
A-18 |
Memo dt |
|
|
21 |
A-19 |
Office Order dt |
|
|
22 |
|
MA |
|
|
23 |
|
Power of Attorney |
|
(Name of Place) Applicant
______ Through, Advocate
BEFORE THE HON'BLE STATE ADMINISTRATIVE TRIBUNAL __________AT ____________
MA No.: ______ of ______ in OA No.:______ of ______
_______________ Applicants
Versus
_______________ Respondents
Application under Rule 8 (3) of ____________ Administrative Tribunal Rules for exemption to file the translation
Respectfully:
1. That the above mentioned OA is filed in this Hon'ble Tribunal by the original applicants.
2. That due to paucity of time, the applicant is not in a position to file the translation of Annexures in hindi vernacular.
3. It is, therefore, most humbly prayed that the applicant may kindly be exempted from filing the translation alongwith the OA and a further time of two weeks may kindly be granted to file the translation of Annexures in vernacular 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
Verification:
I,______, do hereby verify that the contents of paras 1 to 3 of the accompanying application are correct and true to the best of my knowledge.
Verified at (Name of Place) this the ______.
Annexure A-1
No.______
Government of ____________
Directorate of Primary Education.
Dated: ______
To,
The Deputy Director Primary Education,
____________________________________
Subject: Regarding withdrawal of staff posted in Society for _________________
Memo:
It has been decided by the Government that those teachers who have been posted in SSA as BRCs having less than five years of regular service to their credit be withdrawn.
You are, therefore, directed that the following teachers posted as BRCs in SSA in your district who had not completed five years of regular service as JBT teachers at the time of their appointment as BRC be withdrawn, forthwith and be directed to join their duties at their parent places of posting.
|
Name of Distt. |
Name of JBT Teacher appointed as BRC |
Name of block where appointed as BRC |
|
|
|
|
Further, you are also directed to appoint new BRCs in place of the above mentioned, BRCs after following the same selection process as was followed previously, but it may be kept in view that only those teachers be selected as BRCs who have put a regular service of atleast five years at the time of their appointment as BRCs.
DIRECTOR
Endst: No. ____________
Copy to:-
1. The Principal Secretary (Edu) to the Govt of ______ wrt his letter No. ______ dated ______ for information please.
2. The State Project Director (SSA), ____________for information and necessary action please.
3. Guard File
DIRECTOR
True Copy
Annexure A-2
No. ____________
Office of the Mission Director (SSA)
______ Primary Education Society-cum-SSA
State Mission Authority, ____________
To:
All the Principals of Non DPEP districts,
District Institute of Education and Training in ______
Dated: ______
Subject: Filling up of the posts of Block Resource Centre Coordinators and Clusters Resource Coordinators.
Sir,
It is informed that Executive Committee on SSA and DPEP has approved the filling up of the following on deputation/secondment basis. The SSA Project Approval Board, Govt. of India has approved that the salary of these posts will be borne by the regular establishments but the salary of the replacement, if any, on filling up of the resultant vacant posts by the most cost effective method like para teachers will be reimbursed by the SSA.
Block Level:
1. Block Resource Coordinator: On Secondment
(Two per block) basis
(One for Primary Section out of
Primary Teachers and other for
Middle Section out of TGTs)
Cluster Level:
1. Cluster Resource Coordinators : Existing CHTs would also work as CRCC
You are, therefore, requested to initiate process of filling up of the posts of BRCCs after making vast advertisement in all the blocks of the districts and constituting the selection committees under the chairmanship of the Concerned Deputy Commissioner, both the Deputy Directors of Education at the district level as members and Principal DIET as Member Secretary. The incumbent so selected should have atleast 10 years of service for retirement to maintain continuity and ensure that the same person could be available for the entire project period.
The action may be initiated at the earliest so that the SSA activities could be started and the plan targets could be achieved. Director Primary Education is being requested to issue orders of Centre Head Teachers to function as CRCC for SSA activities.
State Project Director
SSA & DPEP
Endst no. ____________
Dated:-____________
Copy is forwarded to:
Director Secondary Education with the request to direct the district authorities for taking necessary action in the matter.
1. Director Primary Education with the request to direct the district authorities for taking necessary action in the matter. The orders regarding functioning CHTs as CRCCs in addition to their own duties, may also be issued at the earlier.
2. All the Deputy Directors (Secondary) in SSA districts for information and necessary action.
3. All the Deputy Directors (Primary) in SSA districts for information and necessary action.
State Project Director
SSA & DPEP
True Copy
