Sajitha. P. P. v. Administrator, Lakshadweep Administration, Kavaratti
2025-05-23
BASANT BALAJI, NITIN JAMDAR
body2025
DigiLaw.ai
JUDGMENT : The Petitioner has approached the Central Administrative Tribunal, Ernakulam Bench, challenging her transfer from Lady Social Welfare Organizer at Kavaratti Headquarters to Officer in Charge WCD unit, Androth. She seeks to quash the transfer order dated 13 December 2024. The Tribunal dismissed her application, stating that the post of Lady Social Welfare Organiser is a lone post in the entire Lakshadweep Union Territory and not specific to Kavaratti. However, the Petitioner challenges the same on the ground that the post is strictly confined to the island of Kavaratti and therefore, she cannot be transferred to any other island. 2. The Petitioner, who began her service as a Lady Village Officer in 2005 and was promoted to Lady Social Welfare Organizer in 2020, was previously posted at the Kavaratti Headquarters. She is now challenging her transfer to Androth, asserting that no Lady Social Welfare Organizer post exists there or on any other Lakshadweep island. While the LVEO (Lady Village Extension Officer) post became vacant, six new LVEOs were recruited in December 2024 to fill vacancies across various islands. Her main argument is that she is being transferred to a non-existent post at Androth and will have to work as a LVEO. 3. The Petitioner also relies deeply on personal grounds that she is a married lady, with two school-going children, and Androth lacks a Kendriya Vidyalaya, posing a significant educational challenge. Moreover, she has been undergoing treatment for facial palsy and bell palsy for several months. She fears this transfer would not only disrupt her family life and health, but also force her into the lower-ranking LVEO post. 4. The Administration has countered the original application, asserting the transfer is firmly in the public interest. They argue that the presence of a Lady Social Welfare Organizer in Androth is crucial, because it is the largest island in Lakshadweep, serving a substantial number of 1101 beneficiaries, 85 lactating mothers, 75 pregnant women, 88 children aged upto 6 months age, 654 children aged 6 months to 3 years, and 199 children aged 3 to 6 years. The Administration explicitly denies the Petitioner’s claim that the Lady Social Welfare Organizer post is solely for Kavaratti, stating instead that the single sanctioned post covers the entire Union Territory of Lakshadweep, including all its islands. 5. The Competent Authority holds the prerogative to transfer personnel based on service requirements. Ms.
The Administration explicitly denies the Petitioner’s claim that the Lady Social Welfare Organizer post is solely for Kavaratti, stating instead that the single sanctioned post covers the entire Union Territory of Lakshadweep, including all its islands. 5. The Competent Authority holds the prerogative to transfer personnel based on service requirements. Ms. P. Attabi, a Lady Social Welfare Organizer, was initially appointed in Agatti while drawing pay from Kavaratti. Upon Ms. Attabi’s superannuation, the Petitioner was appointed to this same post in Agatti. However, at the petitioner’s request as Annexure R1(b), the post was shifted from Agatti to Kavaratti, where she has been stationed since 30 June 2021 [Annexure R1(c)]. This, according to the Administration, clearly indicates the post is not fixed to Kavaratti, but applies across all islands of the Lakshadweep Union Territory. Furthermore, the Kavaratti posting was initially granted to the Petitioner due to COVID-related travel restrictions and compassionate grounds. The current transfer to Androth (Annexure A1) is driven by extreme administrative exigencies and the urgent need for an officer on that island. 6. Based on Annexures R1(a), through R1(c) and R1(e), the Tribunal firmly concluded that the transfer order (Annexure A1) does not, on the face of it, indicate a demotion upon the Petitioner. A look of Annexure A7 from 1 April 2020, confirms that the Petitioner was initially promoted to Lady Social Welfare Organizer and posted in Agatti. However, citing COVID-19 travel restrictions and compassionate grounds, she was permitted to work at the Kavaratti Headquarters, with her post formally shifted there. She has remained in Kavaratti for the past four years. The Tribunal noted that the original reasons for her Kavaratti placement in 2020 — having two children and her husband’s elderly ailing parents needing care at IGH Kavaratti — are the very same grounds, now being presented to challenge the current transfer. 7. Annexure-R1(e), a Notification dated 06 June 1994, outlines the Lakshadweep Administration (Recruitment to the Group ’C’ and ’D’ posts in the Department of Social Welfare and Culture) Rules, 1994. These Rules apply to Group ’C’ and ’D’ positions within the Department of Social Welfare in Lakshadweep. The post of Lady Social Welfare Organizer is one such position. There is only one Lady Social Welfare Organizer post for all of Lakshadweep, meaning the person appointed is expected to work across any of the Islands in the Union Territory.
These Rules apply to Group ’C’ and ’D’ positions within the Department of Social Welfare in Lakshadweep. The post of Lady Social Welfare Organizer is one such position. There is only one Lady Social Welfare Organizer post for all of Lakshadweep, meaning the person appointed is expected to work across any of the Islands in the Union Territory. The recruitment Rules and other relevant documents do not support the claim that this post is permanently stationed in Kavaratti, nor do they suggest that a transfer from Kavaratti would be a demotion. 8. Upon review of the Tribunal’s order and all submitted documents, we are satisfied that the role of Lady Social Welfare Organizer is designated for the entire Union Territory of Lakshadweep, covering its various Islands, and is not confined to Kavaratti Island. Therefore, the Annexure A1 order, directing the Petitioner’s transfer to Androth island, is deemed both legal and proper, reflecting the operational requirements at Androth. In the result, the original petition, O.P.(CAT) No.43 of 2025, is dismissed.