SWAPNA PODDAR Vs. ANDAMAN & NICOBAR ADMINISTRATION

JUDGEMENT

(1.) This Writ application is directed against the order dated 29th January, 2019 passed by the Central Administrative Tribunal, Calcutta Bench, by which the application filed by the Writ petitioner challenging the order of transfer was dismissed.

(2.) The grievance of the petitioner before the Tribunal appears to be that she was transferred to a remote place within seven months from her present posting.

(3.) The applicant had joined as GTT/PGT under the Directorate of Education in 1985 and her last posting was at SSS Manglutan, South Andaman, Port Blair from 1st August, 2017. The respondent authorities issued a transfer order on 13th March, 2018 by which the applicant was sought to be transferred from her present place of posting as Vice Principal, SSS Manglutan, Port Blair to SS Mus, Car Nicobar a remote posting within 7 months of the present posting. The applicant only had 4 years of service left prior to superannuation and there was no justification for the authorities to transfer the petitioner from his present posting to a remote place only 7 months after the applicant had joined the present posting. The applicant contends that although the applicant earlier filed Original Application being OA No.351/00429/2018 against her transfer from SSS Manglutan the respondent authorities by its office order dated 13th March, 2018 in which an order was passed on 28th March, 2018 directing the respondent authorities more particularly the Chief Secretary to consider the representation made by the petitioner before the authorities for consideration of her case and for cancellation of her transfer order by keeping in mind the transfer guidelines the representation instead was considered by the Director, Education, Andaman and Nicobar Administration. Since the reasoned order was passed by an authority other than the Chief Secretary the said order is non-est and is liable to be set aside. The reasoned order is a product of malice in law and malice in fact and passed on extraneous consideration. Before the Tribunal it is submitted on behalf of the present applicant that the applicant's child is studying in Class XI and her spouse is posted in a non-transferable post at Port Blair. The applicant could not have been posted earlier in Car Nicobar zone. There was no Bengali Medium School at Car Nicobar and hence she could not be penalised with a posting to the said remote zone as the fag end of her service career.