THANGLEMSANG KHONGSAI Vs. UNION OF INDIA

JUDGEMENT

(1.) Calling in question the transfer order dtd. 20/9/2021 and the consequential orders, viz., the movement order dtd. 22/10/2021 and the signal order dtd. 25/10/2021, the petitioner has filed this writ petition. To elaborate, the order dtd. 20/9/2021 is an order of transfer, transferring the petitioner from 86 Bn to 27 BN. The communication dtd. 22/10/2021 is an inter-departmental communication directing the authority concerned to do the needful to enable the petitioner proceed on transfer to 27 BN. By order dtd. 25/10/2021, the respondent authorities rejected the request of the petitioner to consider posting him at GC Imphal or any Imphal based offices on compassionate medical ground.

(2.) The pivotal contention of the learned counsel appearing for the petitioner is that the transfer order and the posting order have been issued in contravention of the restrictions as laid down in Guideline no.22.4 for the medical categorization P-3 vide the Standing Order No.04/2008, dtd. 15/12/2008.

(3.) The next plank of the argument of the learned counsel for the petitioner is that the petitioner was transferred and posted to the 86 Bn only in the year 2016 and inasmuch as he has not completed the zonal tenure of 14 years under the North East Zone and Sector Tenure of 10 years under the M and N Sector as prescribed under Para No.4(ix) of the Standing Order No.07/2015, he ought not to have been transferred. That apart, the respondent authorities are empowered to grant relaxation of one year in view of Para No.4(xvi)(b)(iv) and (viii) of the Standing Order No.07/2015, considering the physical health of the petitioner, but the respondents, being hell-bent, have effected transfer of the petitioner.