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ORISSA HIGH COURT: CUTTACK
SANJAY KUMAR MISHRA
Pratima Dash – Appellant
Versus
Union Of India – Respondent
| Table of Content |
|---|
| 1. petitioner's request and circumstances. (Para 1 , 2 , 3) |
| 2. opposite parties' response and position. (Para 4 , 5) |
| 3. contentions of the petitioner regarding transfer policy. (Para 6 , 7 , 8 , 9) |
| 4. legal framework for transfers and disabilities. (Para 10 , 11 , 12) |
| 5. binding nature of previous court decisions. (Para 13 , 14) |
| 6. court's order to reconsider the petitioner's transfer. (Para 15 , 16 , 17 , 18) |
JUDGMENT :
S.K. Mishra, J.
The present Writ Petition has been filed by the Petitioner to quash the Order of rejection dated 05.08.2021, as at Annexure-9, so far as the Petitioner is concerned, with further prayer to issue writ in the nature of certiorari directing the Opposite Parties to accept the request of the Petitioner for her posting at Bhubaneswar on the basis of policy decision taken vide Orders dated 06.10.2020, as at Annexure-4 and dated 14.01.2021, as at Annexure-5, respectively.
2. The factual matrix leading to filing of the present Writ Petition is that being recruited through direct recruitment, the Petitioner joined in the C.R.P.F. as Constable/GD (MAH) on 02.03.1995. On being deputed for training and completion thereof, she was posted in various parts i
Authority's discretionary power in employee transfers must be exercised fairly and in adherence to established policies, especially concerning caregivers of disabled children.
Transfer rejection invalid for non-application of mind where authorities ignore child's severe disability, DoPT compassionate guidelines, and departmental policy's personal circumstances clause despi....
Transfer policies for government employees with caregiving responsibilities must prioritize the well-being of disabled dependents, ensuring legislative protections are respected.
Transfer of caregiver to disabled child invalid if violates RPWD Act rights to dignity, rehabilitation and DoP&T guidelines; local policies subordinate; sympathetic posting near medical facilities ma....
Transfer of disabled government servant upheld despite proximity to retirement; DoP&T exemption from rotational transfer directory, subject to administrative exigencies; no interference absent mala f....
The main legal point established is that transfer in a transferable job is an exigency of service, and the Courts should not readily interfere with transfer orders made in public interest and for adm....
Transfer orders must be based on administrative feasibility, and personal hardships do not guarantee entitlement if guidelines are appropriately followed.
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