KALYAN KUMAR BANERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner herein being a group-C employee of the Health Department has undisputedly reached at the fag end of his service career. The said petitioner has been transferred from Dhubulia Chest Sanatorium to Medinipur Medical College and Hospital. In view of the office Memorandum dated 28th February, 2002 issued by the Department of Health and Family Welfare, Government of West Bengal, posting of a government servant three years before retirement should be in a station or near about the said station where he/she intends to settle after retirement. Furthermore, the Chief Medical Officer of Health, has also been requested by the aforesaid Office Memorandum to make transfers within the respective districts.

(2.) Clause (vii) and (viii) of the said Office Memorandum dated 28th February. 2002 are set out hereunder:

(3.) Referring to the aforesaid Memorandum, learned Advocate of the petitioner submits that the petitioner herein should not have been transferred to the Medinipur Medical College and Hospital at this stage since the said petitioner will retire from service on attaining the age of superannuation in the year 2011, i.e. admittedly within a period of less than three years from the date of issuance of the transfer order dated 23rd April, 2009.