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2025 DIGILAW 649 (GAU)

Chubamongba Jamir v. Union of India

2025-04-11

DEVASHIS BARUAH, L.S.JAMIR

body2025
JUDGMENT AND ORDER : D. Baruah, J. Heard Mr. Bedangwabang, the learned counsel appearing on behalf of the petitioner. Mr. Z.N. Ngullie, the learned CGC appears on behalf of the respondents. 2. The present writ petition has been filed challenging the order dated 13.02.2025 passed by the Central Administrative Tribunal, Guwahati Bench in O.A. No. 32 of 2025 as well as seeking stay and suspension of the impugned order No. AN/II/2153/Trf-Posting/Vol.XII/2024/TR-21 dated 14.01.2025 issued by the respondent Nos. 2 and 3; the impugned order No. AN/X/10083/Implementation/2025 dated 24.01.2025 as well as the impugned order No. AN/II/2053/Trf-Posting/Vol-XIII/2024 dated 31.01.2025 insofar as in respect to the petitioner. 3. The brief facts of the instant case is that the petitioner herein was selected and appointed and posted as PAO (Ors) 3rd EME, CDA, Secunderabad, Andhra Pradesh from 3 November, 2003 to 2008, and subsequently as MO, CDA, Secunderabad from 2008 to 2011. Further to that, the petitioner was posted as IFA, HQ 3 CORPS, CDA, Guwahati and served from 2011 to 2015; PCDA (FYS), Kolkata from 2015 to 2019, AO (P), Sewak, PCDA (BR) from 2019 to 2023 and thereafter to IFA, HQ 3 CORPS, CDA, Guwahati from 2023 to 2025. 4. During the applicant’s tenure as PCDA (FYS), Kolkata, the petitioner was diagnosed with Carcinoma, Nasopharynx and underwent treatment at TATA Memorial Center & Hospital, Mumbai from 07.01.2016 including radiation therapy and chemotherapy. The petitioner also received treatment at Rabindranath Tagore International Institute of Cardiac Sciences, Kolkata from 2017 to 2019 and District Hospital, Dimapur from 2022 to 2025. 5. A transfer order was issued on 14.01.2025 wherein various persons were transferred to various places. In the said transfer order, the petitioner was transferred from Dimapur to Prayagraj. The petitioner submitted a representation dated 15.01.2025 to the CGDA seeking retention/cancellation of the transfer order on medical grounds. The representation of the petitioner was forwarded to IFA (Eastern Command) for necessary action. Vide a communication dated 31.01.2025, the said representation was not accepted on the recommendation of the DAPB. 6. Being aggrieved, the petitioner approached the Central Administrative Tribunal, Guwahati by filing an application under Section 19 of the Central Administrative Tribunal Act, 1985 which was registered as Original Application No. 32/2025. 7. Vide a communication dated 31.01.2025, the said representation was not accepted on the recommendation of the DAPB. 6. Being aggrieved, the petitioner approached the Central Administrative Tribunal, Guwahati by filing an application under Section 19 of the Central Administrative Tribunal Act, 1985 which was registered as Original Application No. 32/2025. 7. The learned Central Administrative Tribunal vide an order dated 13.02.2025 after taking into account the settled principles of law as to when interference is permissible against an order of transfer, rejected the application of the petitioner finding no good ground and it is under such circumstances, the present petition has been filed. 8. We have heard the learned counsels appearing on behalf of the petitioner as well as the respondents and given our anxious consideration to the respective submissions. 9. We have duly taken note of the order passed by the learned Central Administrative Tribunal dated 13.02.2025 and in the present facts of the case taking into account the limited scope of interference, we do not find any good ground to interfere with the order passed by the learned Central Administrative Tribunal as well as the transfer order. 10. Considering the above, as we do not find any merit in the instant petition, for which, the instant petition stands dismissed.