JUDGMENT
Hrishikesh Banerji, J.
1. This writ application is directed against the Order dated November 7, 2000 of the Calcutta Bench of the Central Administrative Tribunal (The Tribunal for short) whereby the petitioner’s application, challenging her transfer from Calcutta to Port Blair, has been dismissed by the Tribunal.
2. The petitioner was appointed as a skilled daily rated Mazdoor under the Electricity Department (Andaman and Nicobar) by an Office Order dated July 27, 1984 and was working as such in the Office of the Calcutta Sub-Division of Andaman Electricity Department at Calcutta. With effect from September 2, 1985 she was absorbed as a Casual Mazdoor called TSM i.e. Temporary Status Mazdoor. By an office order dated September 30, 1999 (Annexure P-1 to the Petition) the petitioner was transferred to IREP Division, Port Blair.
3. The husband of the petitioner is a permanent employee, working as a Peon in the University of Calcutta. The salary drawn by him is not sufficient to maintain their family consisting of a son and a daughter and ailing parents besides they themselves. The children of the petitioner who are aged 12 years and 9 years are suffering from chronic diseases and are under medical treatment in Calcutta. The petitioner also states that her father-in-law and mother-in-law being aged and bed-ridden cannot do their work independently and the petitioner is also required to take care of them. In such circumstances the petitioner states that
incurring medical, educational and other expenses for their children and parents-in-law she along with her husband would not be able to maintain two establishments with their meagre income, It is further stated that both the children are studying in Calcutta and it would be difficult for her to arrange for their education and to maintain them at Port Blair.
4. Receiving the Order of transfer, the petitioner made a representation by her letter dated October 22, 1999 (Annexure P-2 to the petition) praying for cancellation of the Order of transfer to Port Blair. Getting no reply the petitioner moved the Calcutta Bench of the Central Administrative Tribunal and by its Order dated June 19, 2000 the Tribunal disposed of the application of the petitioner directing the Authorities concerned to consider the prayer of the petitioner made in her representation dated October 22, 1999 (Annexure P-2 to the petition) and to pass a reasoned order within a period of three months from the date of the communication of the Order.
5. By its order dated September 12, 2000 the respondent Authority disposed of the representation confirming the Order of transfer from Calcutta to Port Blair (Annexure P-4 to the petition).
6. The grounds on which the representation has been turned down, as it appears from the Order dated September 12, 2000, are the following:
“1. Since her appointment as skilled Daily Rated Mazdoor from July 27, 1984, she is
continuing in the Calcutta Sub-Division for more than 16 years as on date.
2. She has been posted against the sanctioned strength of IREP Division on her regularisation, hence her pay and allowances cannot be drawn and paid for want of sanctioned strength/post at Calcutta Sub-Division.
3. Besides the above, this department has received several representations from various Mazdoors of Bengali Origin with a request to consider their transfer on temporary basis from Port Blair to Calcutta, so as to enable them to “avail advanced medical treatment for themselves and their dependent family members. Such genuine requests could be considered only if there is a rotation of transfer and posting amongst the staff on their completion of a minimum period of 3 years in one station.
4. Allowing prolonged continuance of a staff member at one station would be tantamount to favouritism and denial of transfer facility to others as stated above and may be viewed as discriminatory attitude of the Employer which will create unnecessary labour problem/unrest.
This issues with the approval of the Superintending Engineer”.
7. The petitioner again moved the Tribunal challenging the above Order dated September 12, 2000 and it is alleged therein that the representation of the petitioner had not been considered properly by the respondents and that the said speaking order, being arbitrary and violative of the principles of natural justice should be quashed.
8. The Tribunal, however, observed that the petitioner could not be allowed to continue in Calcutta Office without any sanctioned post in Calcutta and that the petitioner would be regularised against the sanctioned strength of IREP Division at Port Blair.
9. We are unable to find any fault with the Order passed by the respondent-Authority on the direction of the earlier Order dated September 12, 2000 passed by the Tribunal. In the absence of any sanctioned post in Calcutta, the petitioner cannot continue here and the fact that she had been working as a Casual Mazdoor for the last 16 years in Calcutta is by itself a valid ground for her transfer as held by the respondent authority.
10. In such circumstances we are of the view that the Order of transfer does not call for
any interference and the same should not be stalled on the medical and educational grounds of the children and parents-in-law in as much as both free medical and educational facilities are available at Port Blair. Accordingly we hold
that the order of the Tribunal passed on November 7, 2000 does not suffer from any infirmity and the writ application is rejected.
11. The petitioner is directed to join the post at Port Blair within two mouths from the date of this order.
12. No order as to costs. The respondent is directed to pay the writ petitioner her dues which are admissible under the law within six weeks from date.
13. Urgent xerox certified copies of this order be given to the parties, if applied for.
Tarun Chatterjee, J.
14. I agree.