Judgment : N. Paul Vasanthakumar, J. 1. This writ petition is filed to quash the order made in O.A.No.1489 of 2012 dated 24.10.2013 wherein the petitioner has challenged the promotion and transfer order dated 09.11.2012 issued by the 5th respondent herein, based on the orders issued by the 2nd respondent herein. The said O.A.No.1489 of 2012 was dismissed by the Central Administrative Tribunal. 2. Brief facts of the case are that the petitioner while working as Assistant Accounts Officer under the control of respondents 3 and 4, was promoted to the post of Accounts Officer by the 2nd respondent vide order dated 14.6.2012 and by order dated 19.6.2012 passed by the 5th respondent, he was directed to report at Jharkhand with immediate effect. On 21.6.2012, the petitioner made a representation to the 4th respondent declining the promotion given to him to the cadre of Accounts Officer. Since no order was passed on the representation of the petitioner dated 21.6.2012, he filed O.A.No.713 of 2012 before the Central Administrative Tribunal challenging the order of promotion and transfer, and the Central Administrative Tribunal stayed the order dated 14.6.2012 passed by the 2nd respondent. 3. The case of the petitioner is that in the reply-affidavit filed by the respondents in O.A.No.713 of 2012, it has been stated that the petitioner was permitted to work as Assistant Accounts Officer at the office of the Postmaster General, Central Region, Trichirappalli vide office order dated 30.7.2012 and therefore, the promotion and transfer order dated 14.6.2012 stands not effected. Recording the same, O.A.No.713 of 2012 was closed by the Central Administrative Tribunal by order dated 14.9.2012 and thereafter, the petitioner had joined duty as Assistant Accounts Officer at Trichirappalli office. While working at Trichirappali office, the petitioner received another promotion and transfer order dated 09.11.2012 from the 4th respondent stating that he has been promoted to the cadre of Accounts Officer of Indian Accounts and Finance Service, Group 'B' and transferred to the office of CCA, Jharkhand with immediate effect. While working at Trichirappali office, the petitioner received another promotion and transfer order dated 09.11.2012 from the 4th respondent stating that he has been promoted to the cadre of Accounts Officer of Indian Accounts and Finance Service, Group 'B' and transferred to the office of CCA, Jharkhand with immediate effect. On receipt of the order dated 09.11.2012, the petitioner made a representation dated 23.11.2012 to the 2nd respondent by relying upon the order passed in O.A.No.713 of 2012 and also the earlier representation dated 21.6.2012 given by him declining the promotion to the cadre of Accounts Officer, and requested the 2nd respondent that he may be permitted to work as Assistant Accounts Officer in Tamilnadu Circle as per the orders passed in O.A.No.713 of 2012. No order being passed, the petitioner has Challenged the said order dated 09.11.2012 by filing O.A.No.1489 of 2012 and by order dated 24.10.2013, the Central Administrative Tribunal dismissed the said O.A., which is challenged in this writ petition. 4. The respondents 2 to 5 have filed their counter in the writ petition stating that the petitioner is in the habit of filing application after application challenging the promotion-cum-transfer orders and the Central Administrative Tribunal has rightly dismissed the O.A.No.1489 of 2012 filed by the petitioner challenging the order of promotion-cum-transfer dated 09.11.2012 and the order of transfer was issued in accordance with the transfer guidelines. It is also stated in the counter-affidavit that the respondents are at liberty to proceed against the petitioner departmentally, if the petitioner refuses to join in the place of promotion-cum-posting at Jharkhand and that the petitioner is a person who habitually disobeys and defies the orders of his superiors and he is in the practice of filing case after case as a tactics to avoid transfer orders issued to him and prayed for dismissal of the writ petition. 5. Heard Mr. S.Ramaswamyrajarajan, learned counsel appearing for the petitioner and Mrs.R.Maheswari, learned Senior Central Government Standing Counsel appearing for the respondents 2 to 5. 6. By order dated 14.6.2012, the petitioner was promoted as Accounts Officer and transferred from Chennai to Jharkhand. 5. Heard Mr. S.Ramaswamyrajarajan, learned counsel appearing for the petitioner and Mrs.R.Maheswari, learned Senior Central Government Standing Counsel appearing for the respondents 2 to 5. 6. By order dated 14.6.2012, the petitioner was promoted as Accounts Officer and transferred from Chennai to Jharkhand. During the course of hearing, the department took a stand that pursuant to the orders of 4th respondent, the promotion and transfer order stands not effected and he was permitted to work as Assistant Accounts Officer at the office of the Postmaster General, Central Region, Trichirappalli i.e. within the jurisdiction of Tamilnadu Circle, vide order dated 30.7.2012 in O.O.No.57/Admn/EA and based on the said order passed, the petitioner has prayed for closing O.A.No.713 of 2012, wherein he had challenged the first promotion-cum- transfer order stating that the prayer in the said O.A. has become infructuous. The Central Administrative Tribunal, by order dated 14.9.2012, taking note of the said fact and recording the same, disposed of O.A.No.713 of 2012 as infructuous. Further, the Central Administrative Tribunal took note of the direction issued by the department that petitioner shall report for duty before the Postmaster General, Central Region, Trichirappalli with immediate effect. Accordingly, the petitioner reported in Trichirappalli office and he is now working there. Again, on 09.11.2012, promotion-cum-transfer order was issued to the petitioner, which was challenged by the petitioner by filing O.A.No.1489 of 2012 and according to the petitioner, he had submitted a representation declining the promotion on two occasions. 7. When the matter was heard by this Court on an earlier occasion, the learned Senior Central Government Standing Counsel appearing for the respondents 2 to 5 was directed to get instruction as to whether any such representation declining the promotion was received from the petitioner and any order was passed. On instruction, the learned Senior Central Government Standing Counsel appearing for the respondents 2 to 5 submits that no representation of the petitioner dated 23.11.2012 was received, however, representation dated 29.11.2012 was received, which was examined by the Directorate in order to implement the orders passed by the Central Administrative Tribunal in O.A.No.713 of 2012. Thus, it is evident that representation of the petitioner declining promotion dated 29.11.2012 is pending on the file of the department and the said representation has to be disposed, either accepting the relinquishment or declining the request of the petitioner with a direction to join in the promoted and transferred post. Thus, it is evident that representation of the petitioner declining promotion dated 29.11.2012 is pending on the file of the department and the said representation has to be disposed, either accepting the relinquishment or declining the request of the petitioner with a direction to join in the promoted and transferred post. As on date, no order has been passed by the competent authority on the representation of the petitioner dated 29.11.2012. The departmental instruction issued on this matter reads thus:- “No representation of Shri A.Kumarasamy dated 23.11.2012 has been received in this office. However, a representation dated 29.11.2012 received from the applicant was examined at this Directorate in order to implement the orders pronounced by the Hon'ble CAT Madras in OA.No.713/2012 and in the light of opinion of the Branch Law Sectt. Chennai dated 29.10.2012. Since the officer was already relieved on 25.05.2012, the action of GM (F) Chennai in the matter was found in order. As such no further course of action in his representation was left at this end. Copies of relevant note sheets are enclosed.” 8. The said aspect, namely not considering the petitioner's refusal of promotion was not considered by the Central Administrative Tribunal, while passing orders in O.A.No.1489 of 2012 dated 24.10.2013 and the Central Administrative Tribunal proceeded on the basis that the petitioner's transfer on administrative ground, cannot be interfered. The fact remains that the petitioner declined the promotion and the same is bound to be considered by the official respondent. 9. As no order was passed by the official respondent as on date on the representation of the petitioner dated 29.11.2012 declining the promotion, the order passed by the Central Administrative Tribunal dated 24.10.2013 in O.A.No.1489 of 2012 stands set aside and this writ petition is allowed. The petitioner is allowed to continue to work in the office of Postmaster General, Central Region, Trichirappalli till an order is passed by the competent authority in respect of his request declining the promotion. Till such an order is passed, no disciplinary proceedings shall be initiated against the petitioner. If the request of the petitioner refusing the promotion is rejected by the competent authority, as per law, it is open to the petitioner to challenge the same, if so advised. No costs. Consequently, M.P.No.1 of 2014 is closed.