HELHING HANGSHING Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Heard Mr. Kh. Tarunkumar, learned counsel appearing for the petitioner as well as Mrs. Sundari, learned G.A. appearing on behalf of the respondent Nos. 1 and 2.

(2.) By this writ petition, the petitioner is challenging the Order dated 08.03.2019 issued by the Under Secretary (Social Welfare), Government of Manipur, by which the petitioner who was serving as CDPO, ICDS Project, Singhat has been transferred and posted as in-charge DPO, Kangpokpi, ICDS Project.

(3.) It is the case of the petitioner that she is on the verge of her retirement as she will be Superannuating in the month of February, 2020. It is also further case of the petitioner that the transfer of the petitioner has been done in violation of the policy of the Government with regard to transfer and posting of Government Servants as provided in the Office Memorandum dated 05.12.2017 issued by the Department of Personnel and Administrative Reforms (Personnel Division). Learned counsel for the petitioner has placed reliance at clause (viii) and (ix) of the Office Memorandum dated 05.12.2017 which provides that officials may be posted at the district of their choice 2 (two) years before their retirement and that the transfers shall normally be effected in the month of April/ May after the financial year is over so that disruption of work is minimal. It is submitted that as the petitioner is retiring in the month of February, 2020 and that presently, it is the peak hour of the financial year and therefore, the transfer Order dated 08.03.2019 has not been issued in consonance with the policy of the Government as provided in the O.M. dated 05.12.2017.