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Srinagar, Oct 8: The Central Administrative TribunaL has held that an employer undoubtedly is the best judge to utilise the services of its employees even as it said that in medical disability an employee’s genuine grievance with regard to transfer could be considered sympathetically.
The exception is where an employee has a medical disability, in that situation, the competent authority can consider the genuine need of its employee by sympathetically considering his/her grievance,” a bench of M S Latif, Member (J) said in its order.
The Court made these observations while disposing of a petition by a female employee, who submitted that she is working in the Housing and Urban Development Department as Senior Community Organizer and was posted at Jammu Urban Development Agency & vide deployment order dated 24.05.2022 issued through J&K’s Principal Secretary to Government Housing and Urban Development Department, her services, she said, were placed at the disposal of DUDA Budgam for a period of three months which was “considered on medical grounds”.
The petitioner contended that during course of her service, she developed brain tumor (Pituitary Macroadenoma) for which she was operated at G.B. Pant Hospital, New Delhi in 2014 and she lost sight of her right eye for about 8 months.
In the instant application the petitioner had thrown challenge to an order issued by the Chief Executive Officer, J UDA dated 13.09.2023 whereby she had been directed to resume her duties immediately for smooth functioning of the office.
The Court observed that admittedly the petitioner was borne from the district cadre Jammu and in terms of the law, she had no vested right to claim her permanent posting at Budgam but, in peculiar situation and given the circumstances, humanitarian approach is to be given preference.
The petition can be disposed of at the admission stage with the direction to the applicant to move a representation to the competent authority for change of her cadre to district Budgam, if law permits as the case deserves humanitarian consideration in view of her ailment and in case, the petitioner is interested in getting her cadre changed in order to live in a cold zone in view of her ailment & added that the competent authority will accord consideration in the event a formal representation is made to this effect.
While the Court put the petitioner at liberty to file a fresh representation mentioning therein about her ailment particularly in view of the medical certificate issued by the Board, Chief Medical Officer Budgam dated 25.07.2023 & in the meanwhile, the order impugned shall be stayed for a period of one month.
But J&K Govt is adopting pick & choose in various cases & is a proved case in transfers of Patwaris by FCR, J&K, who were appointed on District Cadre Posts but posted out of districts in open violations, so why this lady cannot be despite a 100% genuine case & if Govt is so hard & fast in rules, why not acting on FCR's illegal orders of such out of district transfers & if enquired it can be detcted in many other departments?
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