ANJU BISHT Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) The petitioner has challenged the order of transfer dated 08.06.2018 passed by respondent no. 2 by virtue of which she has been transferred from Kashipur to Kapkot in public interest. According to the petitioner Kapkot happens to be an institution, which is categorized as Category-D.

(2.) As per the order of transfer, while maintaining 10 percent level of total transfer provided under the Act, petitioner had been transferred from 'Sugam' to 'Durgam', which is said to have been done by the impugned order, based on the option and priority to the preference given by a person while passing order of transfer under Section 17 of Act providing for Annual Transfer Policy.

(3.) The learned counsel for the petitioner has confined his argument from the view point that the petitioner ought to have been exempted from transfer from Sugam to Durgam area on the ground that she is suffering from 'malignant cancer', as would be apparent from the Medical Board report as given by the Chief Medical Officer himself on 24.04.2018, which reads as under: