BIYOLA BARUAH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. A. C. Borbora, learned senior counsel assisted by Ms. N. Dey, learned counsel appearing for the petitioner. Also heard Mr. A. K. Dutta, learned standing counsel, LGBRIMH and Mr. K. Gogoi, leanred CGC appears for the respondents.

(2.) This writ petition is filed by the writ petitioner praying for a writ of certiorari for setting aside and declaring the impugned Office Order dtd. 27/1/2021 bearing No. LGB/Estt./DISP/2047/20/342, whereby the respondent No.3 was appointed as Presenting Officer and further to call for the records including the Attendance Registers, Duty Roosters, in original and pending disposal of the Rule not to give effect to the office order dtd. 27/1/2021. The writ petition was subsequently amended with leave of the Court and besides the existing prayers, further prayer of interference with the impugned Memorandum dtd. 26/11/2020 bearing number LGB/Estt./PF/04/1510/4153 containing the Articles of charges, declaring it to be illegal and unconstitutional and also pass any other appropriate writ direction or order.

(3.) The writ petitioner is a Post Graduate in Psychiatric Nursing and was initially appointed as a Staff Nurse at the LGB Regional Institution of Mental Health, Tezpur by order dtd. 18/10/2003 bearing No. LGB/Estt./INT/SN/01/249/3234 issued by the respondent No.2. Pursuant thereto her appointment was regularized in the said post by order dtd. 26/10/2005 bearing No. LGB/EST./1582/6840 issued by the respondent No.3. The petitioner is posted as Nursing Tutor in the Department of Psychiatric Nursing in the LGB Regional Institution of Mental Health, Tezpur with effect from 1/5/2011 to 7/8/2018. During her service as a Nursing Tutor, several batches of nurses graduated from the said Institute. However, petitioner was not permanently posted as Nursing Tutor and consequently, she has been rendering her services as a Staff Nurse in the LGB Regional Institution of Mental Health, Tezpur. During the Covid-19 pandemic situation, which culminated in a total lockdown of the entire nation with effect from 24 th March, 2020, frontline workers in the Health Sector were issued instructions to take all steps necessary as directed for prevention and containing Covid-19 pandemic situation. At that relevant point in time, the petitioner was assigned her night duty which she completed with effect from 22ndMarch to 24/3/2020. After completing her night shift/night duty, she was informed by the authorized Ward in-charge, to avail special leave or special off (SP/SO) from 26 th March 2020 for a period of one week during the initial period of total lockdown. Petitioner was given to understand that it was a measure undertaken pursuant to office memorandum dtd. 19/3/2020 issued by the Ministry of Personal Public Grievance and Pensions Department, Government of India. As per the said office memorandum, Heads of departments were directed to ensure 50% of group B and C employees to attend office every day and the remaining 50% staffs were instructed to work from home. In terms of the said office memorandum, the Ward in-charge make necessary alterations and re-allotted the duties to the petitioner and other Nurses. The petitioner and the other nurses were supposed to report for duty earlier as par the scheduled were directed to stay at home till 1/4/2020. These duties which were struck off is clearly evident in the duty allotment register maintained in the office. The petitioner, who does not reside within the campus, attends to her workplace from her residence, which is situated at some distance from the campus. However, because of the total lockdown in the COVID-19 pandemic situation, her movement from her residence to the campus was required to be undertaken by her personal vehicle and for which purpose necessary car passes were required. In spite of requests made by the petitioner for allotment of the car passes no steps were taken by the authorities and thereby putting the petitioner to extreme hardship. It is pleaded that the petitioner was undergoing several health issues and therefore, was not in a position to commute from her residence to the campus without a vehicle transport. For the said purposes, appropriate car passes were required to be issued by the hospital/Institute authorities, for which several requests were made by the petitioner. Finally, the petitioner was provided with the appropriate link in the Government of Assam portal for applying for e-passes and the husband of the petitioner could obtain an e-pass for plying their personal vehicle, enabling the petitioner to commute between her residence and the institute/ the hospital. She, therefore, resumed her duties from 6/4/2020. While the petitioner was rendering her services she was served with memorandum dtd. 22/4/2020 bearing number LGB/Estt/PF/04/1510/1360 issued by the Chief Administrative Officer of the Institution containing three (3) numbers of charges calling for explanation on the charges levelled against the petitioner.