THOUNAOJAM JAMINI DEVI Vs. STATE OF MANIPUR

JUDGEMENT

(1.) By this writ petition, the petitioner has challenged the transfer and posting order dated 8.3.2019 by which the petitioner who was serving as in-charge CDPO, ICDS Project, Lamsang I/W-I has been transferred and posted as in-charge CDPO, ICDS Project Singhat.

(2.) Heard Mr.A.Mohendro, learned counsel for the petitioner. Also heard Mr.S. Nepolean, learned GA for respondent Nos.1, 2 and 3 and Mr.H.S.Paonam, learned senior counsel appearing for respondent No.4.

(3.) Mr.A.Mohendro, learned counsel appearing for the petitioner submits that the petitioner is a regular employee holding the substantive post of Supervisor in the Social Welfare Department, Government of Manipur and the petitioner is to retire on superannuation w.e.f. 28.02.2020. During the past service tenure, the petitioner had served for fourteen years in the hill areas/districts. He submits that the Government of Manipur, Department of Personnel and Administrative Reforms (Personnel Division) has issued an Office Memorandum dated 5.12.2017 laying down the policy for transfer and posting of Government servants. Therein, at clause 2(i) it provides that normal tenure of posting of an officer/employee in a post will be a minimum of two years and maximum of five years in a place of posting. At clause 2(ii) it is further provided that no transfer may be affected unless the concerned employee has completed three years in a post, unless there are compelling reasons/circumstances to do so. Clause 2(viii) further stipulates that officials may be posted in a district of their choice two years before their retirement. He submits that this has been circulated to all the departments to ensure compliance of the instructions. It is submitted that the transfer order dated 8.3.2019 has been issued in violation of the Office Memorandum dated 5.12.2017 inasmuch as the petitioner will retire from service in not less than nine months i.e. on 28.2.2020.