LAWS(CAL)-2001-3-32

SANKARI SARKAR Vs. UNION OF INDIA

Decided On March 16, 2001
SANKARI SARKAR Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) This writ application is directed against the Order dated November 7, 2000 of the Calcutta Bench of the Central Administrative Tribunal (The Tribunal for short) whereby the petitioner's application, challenging her transfer from Calcutta to Port Blair, has been dismissed by the Tribunal.

(2.) The petitioner was appointed as a skilled daily rated Mazdoor under the Electricity Department (Andaman and Nicobar) by an Office Order dated July 27, 1984 and was working as such in the Office of the Calcutta Sub-Division of Andaman Electricity Department at Calcutta. With effect from September 2, 1985 she was absorbed as a Casual Mazdoor called TSM i. e. Temporary Status Mazdoor. By an office order dated September 30, 1999 (Annexure P-1 to the Petition) the petitioner was transferred to IREP Division, Port Blair.

(3.) The husband of the petitioner is a permanent employee, working as a Peon in the University of Calcutta. The salary drawn by him is not sufficient to maintain their family consisting of a son and a daughter and ailing parents besides they themselves. The children of the petitioner who are aged 12 years and 9 years are suffering from chronic diseases and are under medical treatment in Calcutta. The petitioner also states that her father-in-law and mother-in-law being aged and bed-ridden cannot do their work independently and the petitioner is also required to take care of them. In such circumstances the petitioner states that incurring medical, educational and other expenses for their children and parents-in-law she along with her husband would not be able to maintain two establishments with their meagre income. It is further stated that both the children are studying in Calcutta and it would be difficult for her to arrange for their education and to maintain them at Port Blair.