CHAITALI ROY Vs. UNION OF INDIA

JUDGEMENT

(1.) The short question which arises in this appeal pertains to the fact as to whether the Hon'ble Single Bench by its Judgement and Order dtd. 3/2/2021 was correct in upholding the action of the respondents to transfer the appellant/the writ petitioner from a Technical to an Administrative Cadre. The respondents are 'State' within the meaning of Article 12 of the Constitution of India being governed by the policies framed by the Department of Science and Technology, Government of India.

(2.) The Hon'ble Single Bench, inter alia, held that the transfer of the writ petitioner/ the present appellant to an Administrative Post in the Purchase Department of the Bose Institute (for short referred to only as the Institute) is ad hoc and temporary. The Hon'ble Single Bench further held that a specialized scientific institute like the present Institute may require the appointment of technical officers on the administrative side in the interests of overall administrative convenience. The Hon'ble Single Bench also held that the writ petitioner's pay, allowances, seniority and service benefits continue to be protected in her transferred place of posting in the Purchase Department of the Institute from her previous post of Senior Laboratory Assistant (SLA).

(3.) Mr. Soumya Majumder, Learned Counsel appearing for the writ petitioner/the present appellant, submits that the Hon'ble Single Bench gravely erred in not applying the correct law to the facts of this case. It is submitted that the appellant was appointed wholly on the Technical side in the position of a Junior Laboratory Assistant (for short JLA). The appellant was also promoted on the Technical side to the position of Senior Laboratory Assistant (for short SLA). Both the initial appointment and the promotion of the appellant were therefore completely within the Technical Cadre of the Institute.