Research › Search › Judgment

Calcutta High Court · body

2023 DIGILAW 1617 (CAL)

B. Rajalakshmi v. Union of India

2023-12-14

I.P.MUKERJI, SHAMPA DUTT (PAUL)

body2023
JUDGMENT : This writ challenges the judgment and order made on 28th November, 2023 by the Central Administrative Tribunal, Kolkata Bench in Circuit at Port Blair. 2. The petitioner is an Assistant Public Prosecutor. 3. By the impugned order, the application of the petitioner challenging her transfer from Port Blair in South Andaman to North and Middle Andaman has been dismissed by the tribunal. 4. At the outset Mr. Shatadru Chakraborty, learned advocate appearing for the Administration points out that according to settled law the court should not ordinarily interfere with the transfer order. 5. He is absolutely right. The court must not interfere with the merits of the transfer, the consideration of which is the sole discretion of the employer. But when the transfer order itself is vitiated by some gross and patent error or irregularity on the face of it or is most unreasonable then the court has the power to interfere. For example if the transfer order is patently in breach of the rules governing transfer then the powers of the court are not limited. 6. Para 7 of the Circular dated 30th July, 2007 issued by the Andaman and Nicobar Administration, relating to the calendar of transfer orders, is inserted below. “7. Calendar of transfer orders. Transfer orders shall as far as possible be issued during the period from 15th April to 15th June each year, keeping in view the end of the financial/academic year. Out of time transfer should be avoided. However, in the compelling administrative exigencies, limited transfer orders which become inevitable may be resorted to.” The circular dated 25th February, 2023 inter alia states- “In case the employees whose ward shall appear in XII board examination during the academic year 2023-24 may be directed to produce valid documents (Bonafied Certificate) in support of their claim to consider their cases before issue of General Transfer Order. Accordingly, all head of Departments/Offices are hereby directed to finalise the General Transfer Orders by the end of March, 2023, so that the movement of employees is completed by the end of April, 2023 positively” 7. The instant order of transfer was made on 4th August, 2023 in clear breach of the said circulars. 8. As far as the posting of the petitioner is concerned for four and half years between 2005 and 2009, she was posted in Mayabunder and thereafter in Campbell Bay from 2009 till 2012. The instant order of transfer was made on 4th August, 2023 in clear breach of the said circulars. 8. As far as the posting of the petitioner is concerned for four and half years between 2005 and 2009, she was posted in Mayabunder and thereafter in Campbell Bay from 2009 till 2012. She is posted in Port Blair from 2012 onwards. 9. We have no hesitation to observe that having been posted for so many years in Port Blair she is due for transfer. But the manner in which the transfer was made was in breach of the rules. 10. In those circumstances, we set aside the impugned order of transfer. We grant liberty to the Administration to reconsider her transfer according to the said calendar of transfer orders. We are also taken to the following paragraph in the circular dated 25th February, 2023. “In case the employees whose ward shall appear in XII board examination during the academic year 2023-24 may be directed to produce valid documents (Bonafied Certificate) in support of their claim to consider their cases before issue of General Transfer Order” 11. The petitioner says that her daughter would be writing the Class XII Board Examination in 2025, in support of which a document has been annexed at page 250 of the writ petition. 12. Mr. Binnu Kumar learned advocate appearing for the petitioner submits that if in accordance with the transfer Calendar for 2024, the petitioner is transferred then she would be posted in the place of transfer for two to three years which could affect the studies of her daughter in 2025. 13. We direct that this submission or representation of the petitioner should also be considered by the Administration when considering her case for transfer according to the 2024 calendar. 14. We set aside the impugned judgment and order of the tribunal dated 28th November, 2023. 15. This order setting aside the transfer will relate back to the date of such transfer. The petitioner shall be entitled to all consequential benefits. 16. This writ application is disposed of accordingly.