I MOATEMJEN Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr. A. Zhimomi, learned Counsel for the Petitioner. Also heard Mr. C.T. Jamir, learned senior counsel appearing for Respondent No. 5 and Mrs. Lucy, learned Government Advocate appearing for the Respondents No. 1 to 4.

(2.) The writ Petitioner entered into Government service on contract basis on 5.5.1989 and he was initially appointed for a period of 1(one) year and posted at Tuensang Civil Hospital. The service of the Petitioner was extended by order dated 21.9.1990 and he was transferred from Tuensang Civil Hospital to Shri Nagesh Dispensary at Tuensang Village. Subsequent to selection made by the Nagaland Public Service Commission, the Petitioner was appointed on 24.7.1991 on regular basis and was retained in the earlier place of posting, namely, Shri Nagesh Dispensary. Subsequently, he was transferred from the said Dispensary by an order dated 11.4.2004 and was posted as District Tuberculosis Officer, Tuensang. He was promoted by an order dated 25.9.2006 to the post of Assistant Surgeon, Grade-I and once again posted in Shri Nagesh Dispensary. Later on, by another order dated 6.10.2008, he was transferred and posted as District Tuberculosis Officer, Tuensang. According to the Petitioner, Tuensang District is one of the most interior districts in the State of Nagaland and he has been all along posted in such a remote district during his service period spanning over 22 years.

(3.) According to the Petitioner, the Petitioner's wife had suffered from a condition known as Spinal Arteriousvenous Malformation (AVM) in the year 2009 and was operated upon at AIIMS, Delhi, but she is yet to recover. The Petitioner had submitted representation on 4.2.2011 to the authorities with a request to post him at Dimapur, to enable him to take care of his invalid and bed-ridden wife. The Respondent No. 5, according to the Petitioner, had been posted at Dimapur for almost the entire period of his service career, except for a brief period of about 2(two) years, when he was transferred on promotion as District Immunization Officer with posting at Tuensang.