Transfer of government employees is an inherent condition of service, and courts should not interfere unless there is evidence of mala fides or violation of statutory provisions.

JUDGMENT :

N. Unni Krishnan Nair. J.

Heard Ms. A. Bhattacharyya, learned counsel along with Mr. P. Kalita, learned counsels appearing for the petitioners. Also heard Mr. K. N. Choudhury, learned Senior Counsel assisted by Mr. R. Choudhury, learned Counsel appearing for the respondent no. 1.

2. The petitioner, by way instituting the present proceeding has presented a challenge to an order dated 03.08.2023, passed by the learned Central Administrative Tribunal (CAT), Guwahati Bench in Original Application (OA) No. 117/2023.

3. The facts in brief requisite for the purpose of adjudication of the issue arising in the present proceeding is noticed as under: -

The petitioners herein, vide an order dated 27.06.2022, had required all Group-A Medical Officers working in the Employees State Insurance Corporation (ESIC)Model Hospital and who had completed 03 or more years of continuous service at the Hospital to submit their choice of medical institutions/stations as option for posting. The said options were required to be so submitted by 28.06.2022. The respondent no. 1, who at the relevant point of time was working as a Chief Medical Officer [Non- functional Selection Grade (NFSG)] in pursuance to the said communication dated 27.06.2022, submitted her option for transfer and posting in the following manner: -

The petitioners herein, on consideration of the options submitted by the respondent no. 1 and also keeping in view the necessity for posting officers at various places, proceeded to issue an order of transfer dated 27.12.2022, thereby transferring and posting about 69 doctors to various places. The name of the respondent no. 1 figures at Serial No. 67 of the said order dated 27.12.2022 and she was posted on transfer from ESICH, Beltola, Assam to DCBO, Darjeeling, West Bengal.

The respondent no. 1 being aggrieved by the said order of transfer, submitted a representation and therein, highlighted that her younger daughter was slated to appear in the Class-XII final exams, scheduled in the month of February-March, 2023 and her elder daughter was preparing for All India Entrance Examinations and in absence of their father, who was posted far away from Guwahati, she being the caretaker, requested for being continued at her present place of posting i.e., at ESICH, Beltola. The said representation of the respondent no. 1 found favour with the petitioners and she was exempted from the transfer as effected vide order dated 27.12.2022 till completion of the academic session of her daughter. On completion of the exams of the daughter of the respondent no. 1, vide order dated 28.04.2023, she was released from the ESICH, Beltola and she was directed to join against her transfer place of posting i.e., at DCBO, Darjeeling, West Bengal.

Being aggrieved, the petitioner approached the Central Administrative Tribunal, Guwahati Bench by way of instituting an Original Application being OA No. 117/2023. The learned Tribunal, upon hearing the parties to the proceeding was pleased to dispose of the said OA vide order dated 03.08.2023. The operative portion of the said order dated 03.08.2023 is extracted herein below: -

“5. We have heard the parties and perused the records. It is noted that admittedly other options are there in the ERP system but as per the respondents, they are not operational which came to the knowledge of this Court for the first time when query was made to the learned counsel for the respondents today whereas, there is no such communication on the part of the department that other options except Kamrup Metro, Kamrup Rural and Mangaldoi are not in operation. Therefore, we direct the respondents to consider the case of the applicant afresh by treating this O.A. as a part of it and accommodate her at any place within the State of Assam as per their policy and communicate the decision so arrived within a period of four weeks from the date of receipt of a copy of thi