THOMAS GEORGE DSOUZA Vs. STATE OF GOA

JUDGEMENT

(1.) Rule made returnable forthwith. Shri Deep Shirodkar learned Addl. Government Advocate waives service on behalf of the respondents. Heard finally by consent of parties.

(2.) This petition takes exception to the transfer order of the petitioner issued by the respondent No. 2 as being in violation of the statutory guidelines issued by the Government of Goa, by invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India.

(3.) It has been the petitioner's case that he was employed as driver with the respondent No. 4 Directorate of Health Services, and till now would be completing 16 years of service with duty timings of 8 hours a day. He had initially worked at the TB hospital, Moti Dongor, Margao and was transferred to Asilo Hospital Mapusa in the year 2005 and then to the Primary Health Centre at Casarvannem, Pernem where he worked for five years and was transferred to Colvale where he worked for two years. Once again he was transferred to Pernem where he worked for three years and he was then transferred to South Goa, Cansaulim where he worked for two years, then to Cortalim where he was working and thereafter transferred to the Primary Health Centre, Aldona in 2016 when he was sought to be transferred to Cansaulim, South Goa which was in violation of the transfer guidelines. Therefore, he had made a representation to the respondent No. 4 which was however not considered and he was transferred to Cortalim, South Goa. However, this was without any notice to him and his duty hours were changed to 24 hours a day and which would affect him in his sleep and ultimately his health. He made his grievance to the head office on 16/11/2016, but no action was taken even by the respondent No. 2, who continued in his post as Director (Administration) for seven years.