Authority's discretionary power in employee transfers must be exercised fairly and in adherence to established policies, especially concerning caregivers of disabled children.

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 in India except Odisha Zone. However, for the first time, acceding her request, the Petitioner was posted at Odisha in 2008.

In the meantime, after ten year of her marriage, the Petitioner was blessed with a male mentally retarded child in the year, 2011. As per assessment made, the child is 90% mentally disabled and requires frequent medical care and attention. Accordingly, looking into his infirmities, he has been admitted in the Centre for Autism Therapy Counseling and Help, shortly, 8CATCH9, Bhubaneswar.

It is further case of the Petitioner is that in the year, 2015, when the child was only 4 years old, vide Office Order dated 08.05.2015, she was transferred to 232(M) Battalion, Base Camp at Ajmer, Rajasthan. Challenging the said Order of transfer, the Petitioner approached this Court in W.P.(C) No.9808/2015, which was disposed of vide Order dated 21.05.2015 directing the present Opposite Parties to consider the grievance of the Petitioner. Despite such direction, since her representation was rejected, she was again constrained to approach this Court in W.P.(C) No.12873/2015, which was disposed of on 03.12.2015 with the following observations:

"....The petitioner having blessed with a mentally retarded child, her transfer should be regulated by the DoP & T Circular vide Annexure-5 and transfer policy framed by the Director General of C.R.P.F. vide Annexure-6 mentioned (supra) and she may be posted anywhere against the available vacancy in the State of Orissa enabling her to give attention as well as better treatment to her mentally retarded child...."

3. In terms of the Order of this Court, the Order of transfer was modified and she was posted under the newly created Group Centre, shortly, GC at Sambalpur vide Office Order dated 09.02.2016. After continuing for about 4 months at Sambalpur, once again the Petitioner was transferred vide Office Order dated 20.06.2016 in the guise of promotion to the earlier place of transfer i.e. 232 (M) Battalion. However, as the Petitioner refused to accept the said promotion, she was allowed to continue at Sambalpur.

In the year, 2018, the Petitioner was again blessed with a female child and as per procedure, she was allowed maternity leave as well as child care leave for a period of one year. However, despite her refusal to accept promotion, after one year, once again the Petitioner was promoted to the next higher Grade and also posted in 232(M) Battalion. However, in view of such refusal of promotion, warranting in the Departmental Proceedings against her, finding no other alternative, she made a request to the Authority for her posting within the State of Odisha. Though her application was forwarded to the Competent Authority, vide letter dated 10.04.2018, no decision was taken in the said regard. After availing