I. BHANUMATI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr.M.Gunedhor, learned counsel for the petitioner. Also heard Mr. S.Samarjeet, learned CGC for the Union respondents and Ms. Rojita Yumnam, learned counsel for the respondent No.5.

(2.) This petition has been filed challenging the order of the Central Administrative Tribunal (CAT) dismissing the Original Application No. 042/0012/2017 by its order dated 17.12.2018. The Tribunal declined to quash the transfer order dated 02.05.2017 and 05.5.2017 transferring the present petitioner to JNV, Mokokchung and consequently, transferring the private respondent No.5 to JNV, Khumbong, Imphal West. The petitioner, in this case, joined the JNV in the year 1988 as Staff Nurse and was posted at JNV, Imphal West, Manipur. It is not in dispute that it is her home town. Since the date of posting of 1988 till the order of transfer in 2017, the petitioner continues to be in the same place.

(3.) In December, 2016, a general transfer proposal was mooted and it was displayed in the official website and in that list, the petitioner was at Sl.No.102. It was suggested that her transfer would be from Imphal West to JNV, Upper Subanshri, Arunachal Pradesh. On seeing this proposal, she made a representation on 10.01.2017 to consider her case for alternative transfer on the ground of illness and that her spouse is working in State Government, Manipur. It is pleaded that her spouse is working in Planning and Development Authority, Government of Manipur, Imphal East and it is not a transferable post and the transfer of the petitioner will be against the Government of India Office Memorandum dated 30.09.2009. The representation was not accepted in the manner pleaded but there was a modification to the effect that instead of Arunachal Pradesh, the petitioner was transferred to Mokokchung, Nagaland. Challenging the same, the Original Application was filed which was dismissed and hence, the writ petition.