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2000 DIGILAW 25 (GAU)

Arunendu Deb v. State of Tripura

2000-01-18

M.L.SINGHAL

body2000
Heard Mr. AK Bhowmik, learned senior counsel for the petitioner and Mr. UB Saha, learned Senior Govt. Advocate, for the respondents. 2. With the consent of the learned counsel of both the parties the writ petition is finally disposed of. 3. The petitioner Shri Arunendu Deb, Sub-Divisional Controller, Food and Civil Supplies, by the order dated 16th December, 1998 was transferred in the same capacity to Kumarghat in the North Tripura District under the Sub Divisional Officer, Kailashahar, North Tripura. (is petitioner die) Hot join and went on medical leave. The respondents employer directed the petitioner to face Medical Board. The petitioner appeared before the Medical Board, file Standing Medical Board on 11th February, 1999 found that the medical leave applied was justified. The Standing Medical Board farther recommended that the petitioner may be posted in a place where there is Medical Specialist such as District or Sub Divisional Hospital in Tripura. Pusuant to that observation of the Standing Medical Board the respondent employer modified the petitioner's transfer order and posted him to the office of the Sub Divisional Officer, Kailashahar, North Tripura. The petitioner assailed the transfer order by way of writ petition before this Court which was registered as Writ Petition (Civil) No. 1% of 1999. The learned Single Judge rejected the petition. A Division Bench of this Court in Writ Appeal No 56 of 1999 set aside the order passed by the learned Single Judge and gave the following directions: “We direct that the State Govt. will constitute a Medical Board as early as possible which will clearly opine the area of specialization in which the medical specialist should be available at the place of posting of the appellant and on the basis of such opinion that is given by the Medical Board, the State Govt. will pass fresh orders as early as possible. Further, since on perusal of the records produced before the Court and, in particular, the note sheets we find that the transfer of a post of Sub-Divisional Controller (Food) to Kailashahar was made along with the transfer of the appellant to 'Kailashahar and since as the position now stands the appellant has not yet joined at Kailashahar, we direct that until fresh orders are passed by the State Govt. on the basis of the opinion of the Medical Board as directed above, the a appellant will continue to remain posted as Sub-Divisional Controller (Food) in the Directorate of Food and Civil Supplies, Tripura Agartala. This posting of the appellant at Agartala will be effective from today and not from any earlier date.' Pursuant to the direction issued by the Division Bench of this Court the Standing Medical Board met again and reported that all cardiac cases are being managed by the Medical Officers having Post Graduates qualification like MD, b Medicine degree through out the State including GB Hospital and Doctors having PG degree of MD (General Medicine) etc are available at RGM Hospital, Kailashahar. The treatment benefits for Cardiac patients rendered by the Health Services through out the State is also available for Shri Deb (petitioner) at Kailashahar in the way. After the said opinion of the Standing Medical Board the respondents by order dated 17th August, 1999 again transferred the petitioner to the office of the Sub Divisional Officer, Kailashahar, North Tripura. 4. The learned counsel for the petitioner vehemently argued that there was direction by the Division Bench of this Court to the Medical Board to clearly opine the area of the specialisation in which the medical specialist should be available at the place of posting of the appellant viz Kailashahar. The Standing d Medical Board has not complied with the mandate issued by the Division Bench of this Court. The petitioner is a heart patient has not been disputed by the learned counsel for the respondents. However, as transpired during the course of the argument and from the prescriptions filed by the petitioner himself, the petitioner is having Ischemic Heart Disease (IHD). The various prescriptions of the petitioner brought on record show that the petitioner earlier had been having e treatment by Medicine Specialist (MD), even in his application for grant of if medical leave he filed medical certificate from a Doctor of Central Jail and Private prior no physician maintaining that the petitioner suffering from Hypertension and Palpitation. The direction of the Division Bench of this Court was for constitution of a Medical Board for opining the area of the specialisation in which the medical facilities should be available at the place of posting of the appellant. The direction of the Division Bench of this Court was for constitution of a Medical Board for opining the area of the specialisation in which the medical facilities should be available at the place of posting of the appellant. The Standing Medical Board has recorded opinion in categorical words that all Cardiac cases through out the State are being managed by the Medical Officers having MD Medicine agrees, including GB Hospital Agartala. Doctors having Postgraduate degree of Medicine (General Medicine) are also would be available to the petitioner at his new place of posting at Kailashahar. The treatment benefits for Cardiac patients are rendered by the Health Services through out the State and also would be available to the petitioner at Kailashahar in the way. In view of the medical facilities for heart ailments available to the petitioner at Kailashahar which is a District Headquarter, where District Hospital is there, the petitioner should not have any grievance against the impugned transfer order. 5. As transpired in the course of the arguments the petitioner is at Agartala in various capacity for the last 11 years. The learned counsel for the petitioner argued that two officers now promoted to the post of Sub- Divisional Controller have been posted in Agartala. One of them has been through out at Agartala. About this contention of the learned counsel for the petitioner it may be stated that the State Govt. has to run the State. It is for the respondents employer to decide at what particular station a particular officer should be posted. One of them has been through out at Agartala. About this contention of the learned counsel for the petitioner it may be stated that the State Govt. has to run the State. It is for the respondents employer to decide at what particular station a particular officer should be posted. As disclosed by the respondents in their counter affidavit on creation of a new Sub Division with Headquarter at Ambassa, the Sub Divisional Officer, Ambassa submitted a requisition to the appropriate authority for the posting of an officer of Food and Civil Supplies organisation at Ambassa for looking after the work relating to Public Distribution system etc considering the duration of the petitioner at Agartala since 3rd July, 1987 as Inspector of (Food) and as Chief Inspector (Food) from December, 1992 and, thereafter, as Sub Divisional Controller (Food and Civil Supplies) from 17th December, 1997, the respondents withdraw the petitioner from the Director of Food and Civil Supplies and posted him to Kumarghat and subsequently in view of the opinion of the Standing Medical Board the respondents modified the petitioner's transfer order and posted him to District Headquarter at Kailashahar where the medical specialist facilities are available in the District hospital. 6. Transfer is an incident of service. Courts do not interfere with the transfer order unless the transfer order is mala fide, against the statutory rules or orders or the employee has been victimised. In the instant case the respondents employer has taken sufficient care of the petitioner's ailment. 7. In the result, the writ petition is devoid of merit and is hereby dismissed with costs. The interim order dated 10.12.1999 stands vacated.