CWP No. 19985 of 2026 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (133) CWP No. 19985 of 2026 (O&M) Date of Decision : 07.07.2026 Union of India ...Petitioner Versus British Ashok Sontakke and others ...Respondents CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI HON'BLE MR. JUSTICE AMARINDER SINGH GREWAL Present: Ms. Promila Nain, Senior Advocate with Mr. Angel Walia, Senior Panel Counsel for the petitioner-UOI. Ms. Amrita Garg, Advocate for the respondents-Caveators. *** Harsimran Singh Sethi, J. (Oral) 1. The present writ petition has been filed challenging the order dated 23.04.2026 (Annexure P-5) passed by the Central Administrative Tribunal, Chandigarh (hereinafter referred to as ‘the Tribunal’), whereby direction has been given to relieve the respondent No. 1 to allow him to join at Ahmedabad. 2. The question which arises in the present writ petition is whether, a relief claimed, can be granted by way of an interim direction. 3. It may be noticed that the original application has been filed by respondent No. 1 that there was a proposal of mutual transfer between him and one Inderjit Singh, who was posted in Gujarat. The said proposal was pending since the year 2021 and was not being finalized which led to the KANCHAN 2026.07.08 17:19 I attest to the accuracy and integrity of this order/judgment CWP No. 19985 of 2026 (O&M) 2 respondents to file the original application seeking the said relief that respondent No. 1 should be transferred to Gujarat in place of Inderjit Singh. 4. By way of an interim order, which order is impugned, the direction has been given to the petitioner to relieve respondent No. 1 so as to allow him to join at SAC, Ahmedabad, Gujarat. 5. Learned Senior Panel counsel appearing on behalf of the petitioner argues that the final relief sought has been granted by way of an interim order without adjudicating the claim whether the same is permissible or not. 6. Along with the writ petition, there is a Caveat Petition filed by respondent No. 1. 7. Notice of motion to the respondent No. 1/Caveator. 8. Ms. Amrita Garg, Advocate, appears and accepts notice on behalf of the respondent No. 1 and waive service 9. Learned counsel for the respondents submits that in case, the interim order of directing the petitioner to relieve respondent No. 1 so as to enable him to join at Gujarat, cannot be passed by way of an interim order and the said order be set-aside but with a direction to the Tribunal to decide the issue in a time bound manner so that no prejudice is caused. 10. Learned counsel for the petitioner raises no objection qua the same. Hence, keeping in view the agreed position between the parties, the interim order dated 23.04.2026 (Annexure P-5) is set-aside only on the ground that final relief claimed cannot be granted by way of interim relief. It is made clear that no observation qua the merit of the case and entitlement of KANCHAN 2026.07.08 17:19 I attest to the accuracy and integrity of this order/judgment CWP No. 19985 of 2026 (O&M) 3 respondent No. 1 to seek the relief is being made by this Court and the same will only be decided by the Tribunal keeping in view the facts and circumstances broughtforth in the pleadings. 11. Keeping in view the fact that the issue of transfer is pending for the last five years, the Tribunal should make all endeavours to dispose of the original application within a period of 30 days from the next date of hearing. 12. The writ petition is disposed of in above terms. 13. Pending miscellaneous application(s), if any, shall also stands disposed of. (HARSIMRAN SINGH SETHI) JUDGE (AMARINDER SINGH GREWAL) July 07, 2026 JUDGE kanchan Whether speaking/reasoned : Yes Whether reportable : No KANCHAN 2026.07.08 17:19 I attest to the accuracy and integrity of this order/judgment