1st Sept., 2026 Item no.D/L 21 Court No. 18 Pradip, A.R.(Ct.) In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side Case No. WPA 28714 of 2024 In the matter of: HAV (Chef Hosp) Vijay Kumar(15415152Y) …. Petitioner VS. The Union of India & Ors. ….Respondents For the Petitioner: Mr. Hemanta Kumar Das ….Advocate For the Union of India: Ms. Reshmi Bothra Ms. Sarda Sha ….Advocates 1. Though there is no report in terms of the order of 5th March, 2025, an affidavit-in-opposition has been filed by the respondent authorities, to which an affidavit-in-reply has also been filed. Such affidavits are kept on record. 2. The petitioner was aggrieved by his transfer on account whereof a writ petition was preferred sometime in 2024 being WPA 22505 of 2024. The said writ petition was disposed of by an order dated 18th September, 2024 directing, inter alia, that the petitioner’s application would be considered sympathetically and reasonably in the light of the provisions of Last Tenure Posting (LTP). 3. In terms of the aforestated order of this Hon’ble Court, the petitioner had made an application before the concerned authority, which had considered and deliberated on the issue. The matter was decided and duly communicated to the petitioner in the year 2024. Page 2 4. The petitioner’s grievance that the posting ought to have been made in the light of the LTP, was absolutely inapplicable in the case of the petitioner. 5. The issue of LTP arises only if an incumbent has two years of service remaining prior to superannuation; only then this is considered as a LTP. 6. In the case of the petitioner, he had approximately forty five months of service left, which is close to almost four years of service. The petitioner was, thus, not within the benchmark parameters to be considered for LTP. 7. The authorities had taken a decision on 9th November, 2024 on the application made by the petitioner and had transferred him to his present place of posting, in Dehradun. The petitioner was communicated this present place of posting and accepted the same on 12th November, 2024. The petitioner has been in service in Dehradun since 12th November, 2024. 8. There is absolutely no reason as to why the petitioner should be retransferred or the transfer made on 12th November, 2024 should be set aside. The petitioner, in fact, accepted and acted upon the order of transfer and resumed charge in his place of posting in Dehradun. 9. In view thereof, nothing remains to be adjudicated in this writ petition as the petitioner has accepted the order of transfer. 10. The writ petition is, thus, dismissed. 11. There will be no order as to costs. 12. Urgent Photostat Certified Copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Reetobroto Kumar Mitra, J.)