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2020 DIGILAW 385 (GAU)

Tapan Kumar Das v. State Of Assam

2020-03-13

ACHINTYA MALLA BUJOR BARUA

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JUDGMENT 1. Heard Mr. MU Mahmud, learned counsel for the petitioner and Ms. MB Bora, learned counsel for all the respondents. 2. The petitioner, who is serving as a Forester Grade-I in the Forest Department of the Government of Assam is the father of a child Sri Pulakesh Das, who would presently be about 21 years of age, as he was 16 years when the writ petition was filed in the year 2015. His son Pulakesh Das is suffering from Cerebral Palsy with Seizure disorder since his birth. As a consequence, the son of the petitioner requires constant medical attention and for the purpose he is required to be posted at a place where the proper medical attention can be given to his son. He is also advised to be kept at the same place to which he is already used to. In the circumstance, the petitioner was aggrieved by an order of transfer dated 28.09.2015 by which he was transferred from his present place of posting in the office of the DFO, North Kamrup Division, Rangia to the office of the DFO, Goalpara Division, Goalpara. 3. It is the claim of the petitioner that being posted in the office of DFO, North Kamrup Division, Rangia, he is within the vicinity of the medical service that may be obtained from Guwahati so that proper medical attention can be given to his son. But if he is transferred to the office of the DFO, Goalpara Division, Goalpara, such facility would be unavailable to him, which may have an adverse impact on the health of his son, who is suffering from the aforementioned disorder. Also a change of place would have an adverse effect. In the resultant situation, this writ petition is being instituted. 4. By the interim order dated 18.10.2015, the order of transfer dated 28.09.2015 was stayed until further orders and as a consequence, the petitioner continues to remain to serve in the office of the DFO, North Kamrup Division, Rangia. 5. Also a change of place would have an adverse effect. In the resultant situation, this writ petition is being instituted. 4. By the interim order dated 18.10.2015, the order of transfer dated 28.09.2015 was stayed until further orders and as a consequence, the petitioner continues to remain to serve in the office of the DFO, North Kamrup Division, Rangia. 5. Reliance is placed on an Office Memorandum dated 06.06.2014 of the Government of India in the Ministry of Personnel, Public Grievances and pensions, wherein in paragraph-3, it is provided as under:- 'Considering that the Government employee who has disabled child serves as the main care giver of such child, any displacement of such Government employee will have a bearing on the systemic rehabilitation of the disabled child since the new environment/set up could prove to be a hindrance for the rehabilitation process of the child. Therefore, a Government servant who is also a care giver of disabled child may be exempted from the routine exercise of transfer/rotational transfer subject to the administrative constraints. The word disabled includes (i) blindness or low vision (ii) hearing impairment (iii) locomotor disability or Cerebral Palsy (iv) leprosy cured (v) mental retardation (vi) mental illness and (vii) multiple disabilities.' 6. The Office Memorandum clearly provides that a Government employee who has a disabled child and serves as the main care giver of such child, any displacement of such Government employee will have a bearing on the systemic rehabilitation of the disabled child since the new environment/set up could prove to be a hindrance for the rehabilitation process. Accordingly, it is provided that a Government employee who is also a care giver of a disabled child, may be exempted from the routine exercise of transfer/rotational transfer subject to the administrative constraints. The expression disabled is defined to also include a child suffering from Cerebral Palsy. 7. It is stated that the provisions of the Office Memorandum dated 06.06.2014 of the Government of India, Ministry of Personnel, Public Grievances and Pensions had also been adopted by the Government of Assam. 8. It is an admitted position that the son of the petitioner Sri Pulakesh Das is suffering from Cerebral Palsy with Seizure disorder and it being so, the service conditions of the petitioner would also be governed by the provisions of the Office Memorandum dated 06.06.2014. 9. 8. It is an admitted position that the son of the petitioner Sri Pulakesh Das is suffering from Cerebral Palsy with Seizure disorder and it being so, the service conditions of the petitioner would also be governed by the provisions of the Office Memorandum dated 06.06.2014. 9. Accordingly, we dispose of the writ petition by directing the respondent authorities to consider the case of the petitioner in terms of paragraph-3 of the Office Memorandum dated 06.06.2014 and take a decision on his place of posting. IN doing so, the authorities are required to give due consideration to the medical disorder of the son of the petitioner and ensure that the son of the petitioner is not put to any disadvantage which may aggravate his illness. Till such reasoned speaking order as required is passed, the petitioner shall remain to be posted at his present place of posting. Writ petition stands disposed of in the above terms.