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Heirangkhongjam Ganita Devi, Manipur v/s The Union of India, Represented by Secretary, Human Resource & Development, Department of School Education & Literacy, New Delhi & Others


    Original Application No. 042/00150 of 2021

    Decided On, 12 July 2021

    At, Central Administrative Tribunal Guwahati Bench Guwahati

    By, THE HONOURABLE MRS. MANJULA DAS
    By, JUDICIAL MEMBER & THE HONOURABLE MR. N. NEIHSIAL
    By, ADMINISTRATIVE MEMBER

    For the Applicant: T. Deori, P.M. Talukdar, R. Baishya, Advocates. For the Respondents: -----



Judgment Text

Order Oral:

Manjula Das, Judicial Member.

1. By this OA filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant is seeking following relief(s):-

“In the premises aforesaid it is most respectfully prayed that Your Lordship would graciously be pleased to admit this petition, call for the records and/or may be pleased to issue a notice directing the respondent authorities to show cause as to why the impugned transfer order dated 08/06/2021 by which the respondent No.2, Navodaya Vidhayalaya Samiti had published a Final Transfer List (Round 01 and 02) Catering Assistant under Annual Transfer Drive, 2017 in its website https://nvsemployeeportal.org wherein the name of the applicant appears at serial No. eight (8) and the applicant has been transferred from Jawahar Navodaya Vidayalaya, West, Imphal Manipur to Jawahar Navodaya Vidayalaya, Chandel, Manipur as Catering Assistant under hard/very hard category and the respondent No.6. L. Homeswar Roy whose name appears at serial No.15 in the Final Transfer List (Round 01 and 02) at Catering Assistant under Annual Transfer Drive, 2017 is transferred from Jawahar Navodaya Vidayalaya, Tuinom, Churachandpur, Manipur to Jawahar Navodaya Vidayalaya, West, Imphal Manipur shall not be set aside and quashed and/or may further be pleased to direct the respondent authorities to cancel/rescind/forbear form giving effect to the impugned transfer order dated 9/3/2018 by which the respondent No.2, Navodaya Vidhayalaya Samiti had published a Final Transfer List (Round 01 and 02) Catering Assistant under Annual Transfer Drive, 2017 in its website https://nvsemployeeportal.org wherein the name of the applicant appears at serial No. eight (8) and the applicant has been transferred from Jawahar Navodaya Vidayalaya, West, Imphal Manipur to Jawahar Navodaya Vidayalaya, Chandel, Manipur as Catering Assistant under hard/very hard category and the respondent No.6. L. Homeswar Roy whose name appears at serial No.15 in the Final Transfer List (Round 01 and 02) at Catering Assistant under Annual Transfer Drive, 2017 is transferred from Jawahar Navodaya Vidayalaya, Tuinom, Churachandpur, Manipur to Jawahar Navodaya Vidayalaya, West, Imphal Manipur shall not be set aside and quashed and/or direct the respondent authorities to allow the applicant to continue to serve as a Catering Assistant in Jawahar Navodaya Vidayalaya, West, Imphal Manipur, and/or, may further be pleased to pass any other order or orders or directions as to Your Lordships may deem fit and proper as to give full and complete relief to the applicant as prayed for by him.

2. The facts, in brief, as narrated in the OA are that applicant is an employee of NVS and while serving as Catering Assistant in JNV, West Imphal, Kumbong, Manipur she was transferred to JNV, Chandel, Manipur vide order dated 09.03.2018. The applicant challenged her transfer before this Tribunal vide OA.042/109/2018 which was dismissed vide order dated 17.12.2018 as the applicant was transferred as per her choice. Applicant assailed the said order before the Hon’ble Manipur High Court vide WP(C) No.91/2019. Before the Hon’ble High Court applicant submitted that subsequent to the order of this Tribunal the applicant suffered from various ailments and medical reports are there in support of her ailments. The Hon’ble High Court vide order dated 23.05.2019 did not interfere with the orders of this Tribunal, however, granted liberty to the applicant to submit relevant events relating to her health subsequently to the order of this Tribunal before the authorities which may be considered by the authorities on merit and in accordance with law.

3. Applicant submitted her representation before the respondents on 27.06.2019 ventilating her grievances. However, vide impugned order dated 08.06.2021 the applicant was directed to comply with her transfer order dated 09.03.2018 and join her new place of posting at JNV, Chandel latest by 01.07.2021. Applicant submitted representation dated 18.06.2021 before the respondents praying for review/suspension of her transfer order due to her per health condition, but the same is pending.

4. Sri. T. Deori, learned counsel for the applicant submitted that after filing of this OA applicant has already joined her new place of posting at JNV, Chandel in obedience of the transfer order. However, her representation is still pending. According to the learned counsel, applicant is suffering from various ailments and referring to Annexure-A/7 medical certificate he stated that applicant is suffering from RADICULOPATHY and doctor advised her not to life heavy bucker of water and going up to the steepy hillock/staircase etc. Learned counsel further submitted that applicant is under treatment in Imphal and needs medical help regularly and that JNV, Chandel is located in a hilly terrain and the applicant have to climb up and down a high hill by feet everyday to reach the school which is very difficult for her due to poor health condition. That apart, there are no proper medical facilities at Chandel. Learned counsel further submitted that as per clause 2(a) of the transfer guidelines for employees of NVS, PGT/TGT/Non Teaching who are more than 50 years of age as on 1st January of the concerned year and persons with disabilities will be exempted from displacement for purpose of posting to Shillong Region or other hard and difficult stations. According to the learned counsel, since the applicant is aged about 56 years, her transfer has been issued in violation of clause 2(a) of the said transfer guidelines.

5. Heard learned counsel for the applicant perused the OA and the documents annexed with the OA. In compliance with the transfer order, the applicant has already joined her new place of posting at JNV, Chandel. But her represent

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ation dated 18.06.2021 has not yet been considered by the respondents. WE are of the view that ends of justice will be met f the respondents are directed to dispose of the pending representation dated 18.06.2021 within a time frame. Accordingly, the representation no.4, to whom representation is addressed, is directed to consider her grievances as ventilated in her representation dated 18.06.2021 (Annexure-A/7) with utmost consideration and pass appropriate order within a period of three months from the date of receipt of this order. 6. The OA is disposed of at the admission stage itself. There shall be no order as to costs.
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