Maimom Asha Lata Devi v. The Union of India and 3 Ors

ORDER

23.06.2023.

¶1Heard Ms. S. Bora, learned counsel for the petitioner. Also heard Mr. S. K. Medhi, learned CGC representing the Union of India.

¶2Pursuant to order dated 15.06.2023 passed by this Court, Mr. Medhi, learned CGC has obtained instruction and the produced the same before this Court.

¶3The basic ground of challenge to the impugned Transfer order dated

15.04.2023, firstly, is that the petitioner has only completed two years in the present place and in terms of the SOP of transfer of the department, the tenure of posting is 3+1+1 years. The second ground is that the petitioner is having two minor children aged five years and one year and therefore, serious prejudice shall be caused to the petitioner and her children. The third ground is that the petitioner is presently hospitalized due to her serious ailment. Yet another ground of challenge is that while with a representation in term of the SOP, her prayer for cancellation of the transfer order has been rejected summarily without assigning any reason thereof. Page No.# 3/5

¶4This Court under its order dated 15.06.2023 had stayed the impugned transfer order dated 15.04.2023 till furnishing of instruction with a prima facie view that the representation of the petitioner has been rejected without assigning any reason. This Court was also of the view that the aggrieved employee was not informed the reason of rejecting of her prayer as the provision of appeal was given in the transfer policy itself.

¶5From the pleadings of the petition as well as the instruction furnished by Mr. Medhi, learned CGC, the following admitted position emerges. I. The petitioner was posted at Composite Hospital, Tezpur, Salonibari, Assam on 02.07.2021 as Sub Inspector (Staff Nurse). II. Thereafter, on 13.01.2023, the petitioner was promoted to the post of Inspector (Sister In-charge) by an office order dated

13.01.2023. III. The office order dated 13.01.2023 reflects that the promoted officers were allowed to take over the charge of promoted post i.e. Inspector (Sister In-Charge) at their present place of posting and their posting on promotion will be decided separately. IV. There are other two posts of Inspector (Sister In-Charge), at Composite Hospital, Tezpur, Salonibari, Assam, where the petitioner is posted and already two persons were occupying the said post. V. The petitioner is the junior most among this three Inspector as she has recently been promoted as there are two post of Inspector at Composite Hospital, Tezpur, Salonibari, Assam and there are three Page No.# 4/5 incumbents, and in terms of the promotion order, the petitioner has been transferred to the Centralized Training Centre, Srinagar, Uttarakhand.

¶6In the aforesaid backdrop, this Court is of the view that the transfer of the petitioner was on promotion.

¶7This Court in exercise of the writ jurisdiction cannot direct the respondent authorities to keep the petitioner posted at Composite Hospital, Tezpur, Salonibari, Assam inasmuch as the there are no post to accommodate the petitioner. At the same time, to keep the petitioner at Composite Hospital, Tezpur, Salonibari, Assam, any other of the officers who are posted against the two posts at Composite Hospital, Tezpur, Salonibari, Assam, is to be disturbed.

¶8Such course of action cannot be taken or directed by this Court in exercise of its power of judicial review inasmuch as the transfer is an incidence of service. When a transfer order is issued on promotion, this Court cannot exercise its power of judicial review to interfere with such administrative action of the authorities in exigencies of service.

¶9So far coming the rejection order, from the record it is clear that, prayer of the petitioner has been rejected on the ground as discussed hereinabove. Therefore, such reason cannot be said to be unreasonable or result of malafide exercise of power.

¶10In that view of the matter, the writ petition stands dismissed. Interim order passed earlier stands vacated. Page No.# 5/5

¶11As the petitioner has raised an issue that she is under hospitalization and therefore, she is not able to join in the transferred place of posting, can very well be considered by the respondent authorities and the same is left to the wisdom of the employer and to decide such prayer to give her time to join.

¶12A copy of the instruction dated 19.06.2023 received by Mr. S. K. Medhi, learned CGC representing the Union of India, is kept on record and marked as document "X". JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010128622023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3399/2023o MAIMOMoASHAoLATAoDEVIo W/O-oSH.oSURESHoKUMARoSINGHA,oPRESENTLYoSERVINGoASoNO.o 11050065,oINSPECTORo(SISTERoINoCHARGE)oAToSASHASTRAoSEEMAoBALo COMPOSITEoHOSPITAL,oTEZPURoAToSALONIBARI,oDIST.oSONITPUR,o ASSAM VERSUSo THEoUNIONoOFoINDIAoANDo3oORSo REPRESENTEDoTHROUGHoITSoHOMEoSECRETARY,oMINISTRYoOFoHOMEo AFFAIRS,oGOVERNMENToOFoINDIA,oNORTHoBLOCK,oNEWoDELHI-110001. 2:DIRECTORoGENERAL oSASHASTRAoSEEMAoBAL oFORCEoHEADoQUARTER oSASHASTRAoSEEMAoBAL oEASToBLOCK-V oR.K.oPURAM oNEWoDELHI-110066. 3:THEoINSPECTORoGENERAL oFRONTIERoHEADoQUARTER oSASHASTRAoSEEMAoBAL oTEZPUR oDIST.oSONITPUR oASSAM 4:THEoDEPUTYoINSPECTORoGENERAL o(MEDICAL) oCOMPOSITEoHOSPITAL oSSB Page No.# 2/5 TEZPUR AT SALONIBARI DIST. SONITPUR ASSA Advocate for the Petitioner : MS. S BORA Advocate for the Respondent : DY.S.G.I. BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY